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Ordinance 99-69ORDINANCE 99- 6 9 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOREST GLEN OF NAPLES PUD, FOR PROPERTY LOCATED ON THE SOUTHEAST QUADRANT OF CR-951 AND DAVIS BOULEVARD (SR-84) IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-39, AS AMENDED, THE FORMER FOREST GLEN OF NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Services of Naples, Inc., representing Ronto Golf Estates, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 2, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 060102, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 98-39, as amended, known as the Forest Glen of Naples P,~,u3/;i adbXi~te May 26, 1998 by the Board of County Commissioners of Collier County, is hereby~eal-~ ir~ entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners'. of Collier County, Florida, this I_0.xx~.0aY of~::~t.~, 1999. ATTEST: DWIGHT E. BROCK, Clerk .ltt st... s to Chatnun's 'Approv~/d as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY P~N Marj~i~-M. Stu~tent Assistant County Attorney ORDINANCE/PUD-88-06(2) 2 FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Golf Estates, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAH- NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL EXHIBIT "A" INDEX PAGE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII List of Exhibits and Tables Statement of Compliance Property Ownership, Legal Description and Short Title Project Development Residential Development Areas Golf Course / Open Space Preserve District Commercial District General Development Commitments ii 111 1.1 2.1 3.1 4.1 5.1 6.1 7.1 EXHIBIT "A" TABLE I TABLE II LIST OF EXHIBITS AND TABLES Planned Unit Development Master Plan Land Use Summary Development Standards ii STATEMENT OF COMPLIANCE The development of approximately 635 acres of property in Collier County as a Planned Unit Development to be known as Forest Glen of Naples PUD will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: The property includes the entire southeast quadrant of the C.R. 951 and Davis Boulevard (S.R. 84) Interchange Activity Center, which accommodates the planned ten (10) acres of commercial land uses. The remaining six hundred and twenty-five (625) acres of project area within Section 2, Township 50 South, Range 26 East, lies within the Urban Residential Fringe Subdistrict, which makes these lands eligible for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 799 units or 1.26 units per acre. o The ten (10) acres of project area which lie within the Interchange Activity Center are planned for mixed commercial, retail, transient lodging and professional offices, as indicated to be appropriate by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 0 The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. iii 1.1 PURPOSE SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.2 1.3 1.4 1.5 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of FOREST GLEN OF NAPLES. LEGAL DESCRIPTION All of Section 2, Township 50 South, Range 26 East, less the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 635 acres. PROPERTY OWNERSHIP The subject property is owned by Ronto Golf Estates, Inc., 3185 S. Horseshoe Drive, Naples, Florida 34104. GENERAL DESCRIPTION OF PROPERTY AREA The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. Be The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". PHYSICAL DESCRIPTION The project lies within South Florida Water Management District No. 6. Drainage from the property will discharge into Henderson Creek via the C.R. 951 Canal. Be Water Management for the project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to help restore historic water retention and preserve areas. Elevations within the proj~t sit~ ranse from 8.8 to 11.0 feet above mmm s~a level. Most of tho area, however, falls within the 9.7 to 10.9 feet of elevation category, The entirety of the sim lies within Flood Zone "X" according to Finn Map//120067 0425 D dated June 21, 1986. Soil types withiu the project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.1 1.6 1.7 PRO,IECT DESCRIPTION The Forest Glen of Naples PUD is a mixed use commercial, residential and golf course community with a maximum of 799 dwelling units and 10 acres of commercial. Recreational facilities including a golf course and clubhouse will be provided in conjunction with the dwelling units. Commercial, Residential and Recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. SHORT TITLE This Ordinance shall be known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ae Development of Forest Glen of Naples shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Forest Glen of Naples PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC 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 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. The final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration. FOREST GLEN OFNAPLES LAND USESUMMARY TABLEI MAXIMUM LAND. U.SE INTENSITY SUMMARY USE Commercial "C" Residential "R" Golf Course Open Space N/A (Lakes, Landscape Buffers, Preserve & Recreational areas) MAX, D.U.'s 1 .Square Footage ACRES 100,000 10+ 799 170 + 70+_ Total 385 + 635 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the re~ing of a R~oord Plat, and/or Condominium Plat for all or part of th8 PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with thc PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Bt Exhibit "A", the 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 Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 2.5 2.6 2.7 The provisions of Division 3.3 of the Collier County and Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. E+ The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. Fo Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES I SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD .subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by thc Master Association, the Developer has created Property Owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the Property Owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater manasmnant systems, and reserves servin8 Forest Olen of Naples PUD, tosether with any applicable permits from Florida Department of Environmental Protection, U,$. Army Corps of Engineers, and South Florida Water Management District. 2.3 2.8 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that:an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Forest Glen of Naples Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of Forest Glen of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5.' Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. e Temporary construction, sales, and administrative offices for the Developer and the Developer's authorize2 contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits arc requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 2.10 2.11 2.12 Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gat,houses, and access control structures which shall have no required setback. 2.; Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included in the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance with Section 2.4.4 of the Land Development Code. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the berm. 2.5 e Ground cover on the side of be berm shall form a dense attractive mat, and shall not require mowing. Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. 2.6 3.1 3.2 3.3 3.4 SECTION HI RESIDENTIAL "R" DEVELOPMENT AREAS PURPOSE The purpose of this section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The subject property contains a gross acreage of 635 acres and base density of 1.26 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. Fire Station Front yard - minimum 20' 3.1 3.5 Side yard - minimum 5' Front yard - minimum 20' Accessory_ Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3.; Common area recreational and utilitarian facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS A. Table H sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. Ce Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table H shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (lO') in width as measured from pavement edge to pavement edge-shall separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table H. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. 3.2 TABLE H FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & TWO FAMILY SINGLE FA~Y MULTI- PERMITTED USES FAMILY ZERO LOT AND DUPLEX ATTACHED AND FAMILY AND STAND~tRDS DETACHED LINE TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,500 SF 5,000 SF 3,500 SF 5,000 SF I Ac Minimum Lot Width *5 50' 40' 35'.4 40' 100' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' .3 20' *3 20'*3 Side Yard 5 0 or 5' *6 0 or 5' 0 or 5 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 10' 10' 10' 10' 15' Maximum Building 35 feet 35 feet 35 feet 35 feet 50 feet '~ Height *2 Distance Between Principal Structures and 10' 0 or 10' 0 or 10' 0 or 10' 20' Accessory Structures Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF I II I I I All distances are in feet unless otherwise noted. *1 - Rear yards rot princilMd and accessory s~-actures on lots and tracts which abut h, dr course, lake, open space, or preserve areas. Setback from lake for all principal and accessory uses may be 0' providing aFehitecturel bank treatment is incorlu)rnted into design and abject to wrlaen approval fi*om Project Plan Review. Front yards shall be memured as follows: A. ir the parcd b served by a public riChter, wu.y, #thack b metm~. ~om tho adJaeent rlfht.~r-ws~y ~ lk if the parcel Is served b~, a private road, sethck b meamred from the back orcurb (If mrbed) er edge or ptvml (ir m mrbed). e2 - Buadinf heir, hr shall be the verthsd distance measured rrmn the first habitable finished floor elevation to lb uppermest finished eeP, lng devatton of tim sffuoture. e3 -SinL, le*hmlly & Mnlti-famlly dwelllnil units wMch provide for 2 parking spaces within an enclosed strap per unit and provide rot psest parMnil other than Jn private drivewa)'s may reduce the front yard requirement to IS' for the ~aroge. *4 - Each halrorn duplex unit requires a lot area alloeatlan or 3,s00 SF for a lotal mtoimum lot ares or ?,000 S.F. *S - Minimum lot width may be reduced by :Z0% for cul-de-nc lots provided the minimum lot area requirement is maintained. *6 - Zero feet (0') or st minimum of five rent (S') an either side except that where the zero feet (0') yard optloa is utlll~d, the opposite side or the struc~re shall have st ten root (10') yard. Zero feet (0') 2,urds may be used on both sides ora structure provided that the opposite ten foot (10') yard h provided, except that wherever n zero (0) sJdeyard is established an overeil plan of all the lots In the plat showing building envelopes for all of the lots shall be submitted to the Customer Services Department to ensure that a spacing of ten feet (10') between structures is maintained. *7 - Building setbacks for structures Over 3S feet in height shall be 100 feet from an}, perimeter boundary. 3.3 SECTION IV GOLF COURSE, OPEN SPACE 4.1 4.2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 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 and Structures 1. Golf courses and golf club facilities, including tempOrary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilfies and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. ~Open space uses and structures such as, but not limited to, boardWalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other pflnoipal use which is COmparable in natnro with the foregoing uses and which the Planning Services Department Director detmmines to bo compatible. 4.1 4.3 B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. e Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. DEVELOPMENT REGULATIONS Ae Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. Be Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or Thirty feet (30'), 2. Accossmy Structures - 1 storY or Fifteen feet (15'). E. Minimum distance between principal structures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. 4.2 Parking for the community center/clubhouse shall be three spaces per evenj one thousand (1,000) square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.3 SECTION V PRESERVE DISTRICT 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Forest Glen of Naples Community designated on the Master Plan as Preserve District. GENERAL DESCRIPTION Areas designated as Preserve on the Master Han are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Forest Glen of Naples Community residents. 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, subject to Regional, State and Federal permits when required; A. Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart and Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriate appwvals by permitting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 5.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with SecO. on 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to design. Lighting facilities shall be an'anged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Pre.serve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Codo, said oasomont shall bo provided in accordance with the terms set forth in any. applicable permit granted by other agencies. The developer, its sucemssor(s) or assigns, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. . 5.2 SECTION VI COMMERCIAL DISTRICT 6.1 6.2 PURPOSE The purpose in this Section is to identify the commercial uses and development standards applicable to tracts designated on Exhibit "A" as Commercial. USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of fight, or as uses accessory to permitted uses. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District, Section 2.2.13 of the Collier County Land Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). Auto and Home Supply Stores (5531). Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auetioneefing service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6.10). 6. Depository Institutions (groups 6011-6099). Drinking Places (5813 excluding bottle clubs). All establishments engaged in thc retail sale of alcoholic beverages for on-premise consumption arc subject to the locafional requirements, of Sec. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 10. Gasoline Service Stations (group 5541), as described in Section 2.6.28 of the Collier County Land Development Code. 11. General Merchandise Stores (groups 5311-5399). 6.1 6.3 12. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 of the Collier County Land Development Code. 13. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 14. Health Services (groups 8011- 8049, 8082). 15. Hotels and Motels (group 7011). 16. Insurance Agents, Brokers, and Services (group 6411). 17. Legal Services (group 8111). 18. Membership Organizations (groups 8611-8699). 19. Miscellaneous Repair Services (groups 7629-7631). 20. Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 5941-5999). 21. Motion Picture Theaters, except drive-in (7832). 22. Paint, Glass, and Wallpaper Stores (5231). 23. Personal Services (group 7212 Dry cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 24. Professional Offices, Medical Offices, and Management Consulting Services (group 8711 - 8748). 25. Public Administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 26. ' Real Estate Agents and Managers (group 6531). 27. Travel Agencies (group 4724). 28. United States Postal Service (4311 except major distribution centers) 29. Veterinary Services (groups 0742, excluding outside kenneling). 30. Video Tape Rental (7841). 31. Any other general commercial use which is comparable in nature with the foregoing uses. PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. 6.2 B. Essential services and facilities. 6.4 DEVELOPMENT STANDARDS Principal structures shall be set back a minimum of fifty feet (50') from Golf Course\ Open Space, Residential PUD boundaries, private and public roads. Accessory structures shall set back a minimum of ten feet (10') from Golf Course\ Open Space boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare and unreasonable interference. D. Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - None, or a minimum of ten feet (lO') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (10':). H. Minimum floor area - None required. I. Minimum lot or parcel area - None, required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with thc Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated required yards, heights, and floor area standards apply to principal structures. K® All buildings, lighting, signs. Se, landscaping and visible awhito~turo infms~ctut~ shall be. architecturally and aesthetically unified, and shall comply with the Architectural and Site D~ign Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be lines on fiat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 6.3 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 7.2 7.3 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Hnal Site Development Hans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the 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, any successor or assignee in title, is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. Ail necessary easements, dedications, or othcr instruments shall be granted to insure thc continued operation and maintenance of all service utilities and all common areas in the project. Ce The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: Reconflguraflon of preserve sreas, juflsdicflonal wetland limits, and mitigation features as a result of regulatory agency review. 7.1 7.4 7.5 7.6 Reconfignration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. SCItEDULE OF DEVELOPMENT/MONITORING REPORT ~ SIJNSET PROVISION Initiation of construction on the Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in calendar year 2008. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the functiOn of an electoral polling place. An agreement shall be recorded 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, but not limited to, condominium association, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Ae Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC. Private streets shall conform with the fight, of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other cul-de-sacs are required to have a minimum of forty feet (40') fight-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 7.2 All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Cul-de-sacs may exceed a length of one thousand feet (1000') per Subsection 3.2.8.4.16.6 of the Land Development Code. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 ft. with the exception of both entrance road intersections which shall be 40 ft. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: The Developer shall provide, consistent with Ordinance 82-91, left and right turn lanes on C.R. 951 and S.R. 84 at all project entrances to residential areas prior to the issuance of any certificate of occupancy. The Developer shall provide turn lanes and a median opening at approximately one-half mile south of the intersection of C.R. 951 and S.R. 84 prior to the issuance of any certificate of occupancy. Access to the commercial parcel via old S.R. 84 shall incorporate mm lanes for both eastbound and westbound movements along with collector road improvements to S.R. 84 between the access point and C.R. 951. The collector road improvements which may be necess~ include road widening and application of asphalt friction surfaco. The D~veloper shall bear the cost of needed C.R. 951 intersection modifications on a fair share basis. All such improvements to old S.R. 84 shall be on a fair share basis with the Developer of the Toll Gate Commercial PUD. The Developer shall provide a fair share contribution toward the capital costs of any Iraffic signals necessary at project accesses when deemed wan'anted by the County Bngineer. The signals shall be owned, operated, and maintained by Collier County. The Developer shall provide arterial level s~reet lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. 7.3 7.8 Ce Since future six laning is projected for C.R. 951, and since such road improvements may require relocation of the existing canal to the east, an additional drainage easement may be necessary to be dedicated to the County along C.R. 951 with a maximum width of up to 50 feet (50') based on actual or conceptual road plans. The dedication of easement to the County will be of no additional cost to the County. Use of the drainage easement can be shared for both on-site water management and future road drainage when deemed necessary by Collier County. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: he Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County roles and regulations. Be All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to thc District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. e Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. A water distribution system shah be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted fights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property ~nd not required by the County to be located within utility easements shah bo owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. The developer shall, at his cost, extend the 12" rowe main which presently terminates at Naples Heritage to a point just South of SR 84. Said main shall be capped. 7.4 A sewer distribution system shall be constructed throughout the project development by the developer pursuant to ail current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer 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. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removai of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. Be All conservation areas shall be designated as conservation/preservation tracts or easements on ail construction plans and shail be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 of the Collier County Land Development Code. Buffers around preserved jufisdicfionai wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shail be incorporated in Conservation Areas which shall be platted. An exotic vegetation removal, moniWring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/prcscrvafions areas, shail be submitted to Current Planning Environmental Review Staff for review and approvai prior to final site plan/construction plan approvai. ,: Petitioner shail comply with the guidelines and recommendations 'of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FOFWFC) regarding potentiai impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approvai. 7.5 7.10 ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. Design and construction of all improvements shall be subject to compliance with all applicable provisions of thc Collier County Land Development Code, including those set forth in Division Three (3). Ce The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7.11 7.12 7.13 WATER MANAGEMENT Detailed paving, grading and site drainage plans shall be submitted to .the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Director. Be Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. An excavation permit shall be required for thc pwposcd lake in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall bo immediately stopped and the Collier County Code Enforcement Department contacted. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractor's 7.6 7.14 storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. SIGNS 1. General De All county sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. All signs shall be located so as not to cause sight distance problems. m Entrance Signs Two (2) signs with a maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. Proiect Sic, ns Project signs, designed to promote Forest Olen of Naples project, or any major use within the project shall be permitted along the east side of C~ 9S 1, tho south side of SR 84 fred on all land tracts within Forest (31eh of Naples limits subject to the following conditions: 1) Project signs shall not ~c.e~ a height of twenty (20) fat above the finishs! ground level of the sign site nor may the overall ama of the sign fac~ exc, e~ hundred (lO0) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally bo limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat closer spacing :k 10%. 7.7 7.15 Project signs may be lighted provided ail lights arc shielded in a manner which prevents direct glare into the vision of drivers using the adjaceng streets or going into adjacent residences. LANDSCAPING FOR OFF-STREET PARKING AREAS 7.16 All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. PROVISI, ON FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Ae Excavation activities shall comply with the definition of a"development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shail be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 are applicable. 7.8 EXHIBIT "A" II I,I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twent~h ~- Judicial Circuit, Collier County, Florida, do hereby certify t~t~~_ ~ foregoing is a true copy of: ~ ~ ORDIN~CE NO 99-69 ~ ~ Which was adopted by the Board of County Commissioners on ~ 12=n. day of October, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of October, 1999. DWIGHT E BROCK Clerk of Courts and Clerk , , .' ',.~ County Commissioners -.' By. Arlene J. Baker, Deputy Clerk