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Ordinance 89-070ORDINANCE 89- 70 AN ORDI~;ANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, _.._ -- . FLORIDA BY AMENDING THE OFFICIAL ZONING ~ ~-j]~ATLAS MAP NUMBER 50-26-5 BY CHANGING THE -.ZONING CLASSIFICATION OF THE HEREIN ' ".~DESCRIBED REAL PROPERTY FROM "A-2" TO "PUD" ,' PLANNED UNIT DEVELOPMENT FOR SINGLE F~%MILY .;~;iRESIDENCES (NOT TO EXCEED 650 DWELLING :~i~'~'UNITS) ,..,_ GOLF COURSE AND RELATED FACILITIES TO BE KNOWN AS CASA DEL SOL GOLF AND COUNTRY CLUB FOR PROPERTY LOCATED ON THE WEST SIDE OF CR-951 AND 3/4 MILE NORTH OF RATTLESNAKE HAMMOCK ROAD IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 240 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,.Glen Caudill of Anchor Engineering, representing Shrewsbury Associates, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classification of the herein described real property is changed from "A-2" 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 Number 50-26-5, as described in Ordinance 82-2, is hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: 10/24/89 BOARD OF COUMTY COM~ISSIONERS ', COLLIER COUNTY, FLORIDA · ' ~ BY: . A~DERS, C~I~ A~VED AS TO F~M AND LEGAL SUFFICIENCY ~1~ o~1,~ filed wl~ ~O~IE M. STUDE~T ASSISTANT COUNTY ATTO~EY R-89-11/SMP-89-15 PUD ORDINANC~ CASA DEL SOL GOLF AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT BY SHREWSBURY ASSOCIATES 741 SOUTH COLLIER BOULEVARD SUITE 506 MARCO ISLAND, FLORIDA 33937 PREPARED BY: ANCHOR ENGINEERING 790 HARBOUR DRIVE NAPLES, FLORIDA 33940 ,oo 632' MAY 1989 REVISED JULY 1989 REVISED SEPTEMBER 11, 1989 REVISED SEPTEMBER 28, 1989 REVISED OCTOBER 17, 1989 STATEH£NT OF COMPLIANCE The purpose of this section is to express the intent of Shrewsbury Associates, hereinafter referred to as applicant or sponsor, to create a P.U.D. on 240.0 acres of land located in part of Section 15, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposed development shall hence forth be known as Casa Del Sol Golf and Country Club. The development' of Casa Del Sol Golf and Country Club as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The residential development with associated recreational facilities will be cons[stent with the growth policies, land development regulations and applicable Growth Management Plan documents for the following reasons: AD The subject property has available, or will have available concurrent with the impact of development, adequate levels of s~rvice for roads, water, sewer, water management, parks and solid waste to serve the development. The subject property is located in the Urban Residential Area and contained within a Residential Density Band, as defined by the Future Land Use Element. The low density residential development is compatible with and complimentary to the surrounding land uses. Improvements are planned to be in substantial compliance with applicable regulations. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. SHORT TITLE This ordinance shall be known and cited as "Casa Del Sol Golf and Country Club Planned Unit Development Ordinance." ii SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI XNDEX STATEMENT OF COMPLIANCE & SHORT TITLE PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL GOLF COURSE/RECREATION CONSERVATION/WETLAND PRESERVE GENERAL DEVELOPMENT COMMITMENTS 3 - ~ 4 - ~ $ - ! EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D P.U.D. MASTER PLAN AND LOCATION MAP TOPOGRAPHIC AERIAL BOUNDARY SURVEY VEGETATION MAP 036 634 SECTXON'I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHrP The subject property is currently owned by: Name parcel A Max Israelson and Louis Friedman and Paul Sandler, as Trustees 600 Jefferson Building Baltimore, Maryland 21202 Parcel B Steven Savage and Maryland National Bank, as Trustees for Bernard Savage c/o William A. Snyder, Esr. 1600 Maryland National Bank Baltimore, Maryland 21202 Shrewsbury Associates is the Contract Purchaser of Parcel A & B. Shrewsbury Associates is an Authorized Agent for property owners. the 1.02 LEGAL DESCRIPTION Parcel A Commencing at the Northeast corner of said Section 15, T50S, R26E; thence S 870 36' 14" W along the North line of said section i00.16 feet to the West Right-Of-Way line of State Road 951; thence S 00o 51' 53" W along said West Right-Of-Way line 892.87 feet to the POINT OF BEGrNN[NG; thence continuing S 00o 51' 53" W along said West Right- Of-Way llne for 1263.65 feet; thence S 87o 43' 59" W a distance of 4845.28 feet to the West line of said section; thence N 00o 16' 43" W along said West section line a distance of 1262.52 feet; thence N 87° 43' 59" E a distance of 4870.51 feet to the POINT OF BEGINNING, containing 140.68 acres of land more or less. ,oo 036 635 Parcel B Commencing at the Northeast c~tnet o~ Section Tovnship 50 South, Range 26 East, Collier Counby, Florida. Then along the Eotth line oE Section S 8?o 37' 14" ~ 100.16 leer to the ~est R[ght-O[- Way line o~ State Road 951 to the POINT OP BEGIt~ING; thence along the ~est Right-Of-Way line $ 00o 51' 53" ~ 892.87 ~eet; thence S 870 43' 59" N 4870.63 leer to the Nest line oE Section thence alonq the ~est section line ~ 00o 15' 23" 882.49 ~eet to the ~otthvest co=ne= o[ Section thence E 870 37' 14" £ 48B8.46 leer to the O? BEGIt~NIt~G, containing 99.32 acres o[ land mote ot less. 1 - 2 636 SECTION 2.01 PURPOSE PROJECT DEVELOPMENT The purpose of this section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Casa Del Sol Golf and Country Club Is a planned community vhlch includes a mixture of residential, golf courser recreation, conservation, lake and wetland preserve areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be In substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the tlme permits or plats are requested. 2.04 LAND USES The Master Development Plan shows proposed land uses of development. Minor variations in acreage shall be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforseen site conditions. 2.05 PROJECT DENSITY The total acreage of Casa' Del Sol Golf and Country Club Is approximately 240.0 acres. The maximum number of dwelling units to be constructed on the total acreage is 650. The number of dwelling unit per gross acre is approximately 2.?. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE It is estimated that the property will be developed in five (5) to seven (?) years. However, this estimate is based on current market knowledge. This estimate could change depending on future market conditions. EASEMENTS FOR UTILITIES Easements shall be provided' for water management areas, utilities and other purposes as m&y be needed. Said easements and improvements shall be in compliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.08 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements of the Subdivision Regulations shall be modified subject to review and approval by the Project Review Services Manager at the time of construction plan submittal. Ao Article X, Section 19: Street name stans These signs shall be approved by the Project Review Services Manager but need not meet U.S.D.O.~.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to Project Review Services Manager approval, but need not meet standard county requirements. Be Article XI, Section 1: Access The Project Review Services Manager may approve relocation of proposed access points as shown on the P.U.D. Master Plan. Article XI, Section 3: Blocks The requirement for block lengths not to exceed 1,320 feet. Article XI, Section 10: ~QDuments Where such monuments occur within street pavement areas, they shall not be installed in a typical water valve cover, as prescribed in the current County standards. Article XI, Section 17F: Street Right-Of-Way Wldth Street Right-of-Way Width may be reduced to fifty (50) feet for Private Streets only. Article XI, Section l?I: Curb Radii Reduce requirements from forty ({0') feet radius thirty (30') feet radius at local to local roads. to 2 -._2_. Article XI, Section 17J:' Intersections Intersections requiring curved'streets to have a minimum tangent of 100 feet at intersections, multiple intersections, and street Jogs provided streets remain private. Art]cie XI, Section 17K: The requirement for 100 feet tangent sections between reverse curves of streets may be reduced to 50 feet on private local roads only. Ail County roads shall be built with a minimum of 100 feet tangent. Article XI, Section 21: 12" utility casing intersections. U~ility ca~ings That a spare be provided at specified 2.09 bAKE SITING As depicted on the Master Plan, lakes and natural retention areas have been sited throughout the golf course. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 88-26, Section SA, may be reduced with the approval of the Project Review Services Manager. 2.10 LAKE EXCAVATION Fill material from the lake is planned to be utilized within the project, however excess fill material may be removed and utilized off-site in accordance with Ordinance 88-26. 2.11 PEDICATION AND MAINTENANCE OF FACILITIES Roads'will be private and other Infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner and or condominium associations which will be responsible for maintaining the roads, drainage, ~ater and sewer improvements where such systems are not dedicated to the County. The Maintenance Covenants shall be recorded prior to platting. 2.12 PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL Site Development Plan approval shall follow the procedures set forth In Section 10.5 of the County Zoning Ordinance. 2 - 3 036 639 2.13 MODEL HOMES Model Homes shall be permitted within this pro~ect subject to the following provisions: Models may be allowed to be constructed in each phase prior to recording of a plat for the respective phase. Models may be permitted as either "dry models" or with temporary utility systems (i.e. veil and septic tank/drainfield) prior to availability of central utility systems. Models may not be occupied until a certificate of occupancy is issued. Co Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for models pursuant to this section. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bound~l legal descriptions must meet proposed plat configurations. Temporary access and utility easenents may be provided in lieu of dedicated right-of-ways for ingress, egress and utility service to model homes. Sales, marketing, and administrative functions are permitted to occur In designated model homes within the project only as provided herein. Models for each phase shall be in model centers on adjacent lots or parcels in locations approved by the Planning Services Director. 2 - 4 ,oo SECTION RESiDENTiAL 3.01 ~URPOSE The purpose of this Section is to set forth the regulations for the Residential areas. 3.02 MAXIMUM DWELLTNG UNITS A maximum number of 650 dwelling units ma}' be constructed on areas designated residential. 3.03 PERMITTED U~ ~O 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. Single Family detached type dwelling structures and Manufactured Homes. 2. Single Family attached type dwelling structures (villas, cjuster, patio homes, zero lot-line units, and other similar single family attached or semi-attached dwellings). B. Permitted Accessory Uses and Structures 1. Customary accessory uses and structures, including but not limited to private garages, private swimming pools and spas. 2. Model homes shall be permitted in con~unction with the promotion of the development. 3. Recreational facilities. 3.04 DEVELOPMENT STANDARDS A. Uses in ].0].A.1 1. Minimum Site Area: 6,000 Square Feet 2. Average Minimum Width: 60 Feet * 3. Average Minimum Site Depth: 100 Feet ] - I Uses In 3.03.A.2~ 1. Minimum Site Area: 5,000 Square Feet 2. Average Minimum Width: 50 Feet * 3. Average Minimum Site Depth: 90 Feet Minimum Yards: Detached 3ingle Family Front Yard - 20 Feet Side Yard - 7.5 Feet Rear Yard (Principal Setback) - i0 Feet - 20 Feet *** Rear Yard (Accessory Setback) - 5 Feet ** - 20 Feet Distance Between Principal Structures - 15 Feet Eo Minimum Yards: Manufactured Homes 1. Front Yard - 20 Feet 2. Side Yard 5 Feet Rear Yard (Principal Setback) - 10 Feet ** - 20 Feet *** 4 o Rear Yard (Accessory Setback) - 5 Feet ** - 20 Feet *** 5. Distance Betveen Principal Structures - 10 Feet Minimum Yards: Zero Lot Line, Villas, Patio Homes, Cjuster Homes and other Slmflar Single Family Attached Dvellings 1. Front Yard - 20 Feet Side Yard (Zero Lot Line and Patio Homes) - 0 Feet or L0 Feet (Villa) - 15 feet betveen detached structures (Cjuster Homes) - 15 feet batveen detached structures Rear Yard (Principal Setback) - l0 Feet ** - 20 Feet 3 - 2 Rear Yard (Accessory Setback) - § Feet - 20 Feet Distance Between Principal Structures - I0 Feet F. Minimum Building Floor Area: 1,000 Square Feet Maximum Building Height: 35 Feet or 2 habitable stories H. Maximum }{eight of Accessory Structures: 20 Feet I. Each Dwelling Unit Will Have a 1 (:ar Garage Minimum J. Guardhouse: 30 Foot Setback for Project Boundary A 5 foot maintenance easement shall be provided abutting all structures built with a zero foot setback * SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel 1)ne) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots with a minimum Right-of-Way frontage of 25' measured along the arc. ** Where structure abuts golf course, lake, wetland or upland. *** Where structure abuts project boundary. 3 - ] DEFINITIONS A. Cjuster Homes: Two (2) or more dwelling structuzes, each containing one (1) or two (2) dwelling units, with no parcel of ground in single ownership at the time of development, with frontage on a public street or approved private street. B. Patio Homes/Zero Lot Line: Patio homes and Zero Lot Line Homes are single family detached dwelling structures on individually platted lots which are designated to provide maximum usage of outdoor living space while insuring privacy from adjacent housing by providing a side yard or "patio" of greater than norma! width on one (1} side of the dwelling and no yard on the other. C. Villa: Two (2) or more attached single family residences; typically one-story structures. D. Manufactured Homes: Shall have the definition as set forth in the Florida State Statues Section 553.36(111 for "Manufactured Building". CASA OEL SOL GOLF AND COUNTRY CLUB LAND USE SUMMARY TABLE pesgriptton Residential GOlf Course Lakes Wetland Preserve Conservation · Road Right-of-Way Clubhouse STP, Maintenance and Storage Total Development Units 65O 650 ] - 5 036 645 Approximate Acreage 95.6 29.? 37.0 9.4 29.9 29.6 4.6 5.3 240.0 4.01 PURPOSE .: SECTION IV GOLF COURSE/RECREATION The purpose of this Section is to set forth the regulations for the areas designated as Golf Course on the Planned Unit Development Master Plan. 4.02 PERM[TTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or rater used, in vhole or in part for other than the following: A. Permitted Principal Uses and Structures 1. Private golf course. 2. Water manageme~]t facilities and essential services. Be 3. Open space recreational activities and uses. 4. Community center/clubhouse. Permitted Accessory Uses and Structures 1. Clubhouses, pro shop for goLf equipment and related sales, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. Gift shops, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Roads, pathways, accessory uses and structures customarily associated with the permitted usa, including but not limited to utility structures, water management facilities, etc. Vehicle wash facility for the maintenance vehicles necessary for a Golf Course Community. 4 - 1 4.03 pEVELOpMENT STANDARDS Overall site design shall be harmonious landscaping, enclosure of structures, access streets and parking areaa and treatment of buffer areas. in terms oE location o! Zocation and Buildings shall be set back a minimum of tventy feet from parcel boundaries. Recreational facilities shall setback a minimum of ten (10') feet from parcel boundaries. Lighting facilities shall be arranged in a manner which will protect roadvays and neighboring properties from direct glare or unreasonable Interference. D. Maximum height of structures: Fifty (50'; feet. Minimum distance betveen principal structures: Tventy (20') feet. Fo Parking for the community center/clubhouse shall be one space per one hundred (100) square feet of gross floor area per Zoning Ordinance 82-2. Unless othervise specified herein, minimum standards for, lighting, and landscaping !;hall conform with applicable Collfer County Regulations in effect at the time permits are sought. 4 - 2 5.01 PURPOSE .; SECTION V CONSERVATiON/WETLAND PRESERVE The purpose of this Section is to set forth the regulations for the areas designated on Planned Unit Development Master Plan. 5.02 PERMITTED USES AND STRUCTURES NO building or structure, or part thereof, shall be erected, altered or used, or land or water used, ]n whole or in part, for other than the following: A. Parks, passive recreational areas, boardwalks. B. Biking, hiking and nature trails. C. Equestrian paths. D. Water management facilities, roadway crossings and utility crossings. E. Recreational shelters and restrooms. Any other open space activity or use which Is similar In nature with the foregoing uses and which the Community Development Administrator determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS A. ~ Overall site design shall be harmonious with the areas natural ecological characteristics in terms Of landscaping, enclosure of structures and location of access points. 5 - 1 SECTIO~ VI GENERAL DEVELOPMENT COMMITMENTS 6.Ol puRpos~ The purpose of this Section is to set forth the development comaitments of the project. 6.02 P,U.D. MASTER PLAN The P.U.D. Master Plan ts an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. The necessary easements, dedications, or other instruments shall be granted to Insure the continued operation and maintenance of all service utilities. Co Site design changes shall be p~rmitted subject to County staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties. 6.03 To be Included in accordance with the agreed stipulations of the Environmental Advisory Council. 6.04 WATER MANAGEMENT upon To be Included In accordance with the agreed stipulations of the Water Management Advisory Board. 6.05 TRANSPORTATION upon Prlpr to the issuance of the 280th building permit, Developer shall provide a transportation Impact study to analyze compliance with the County's Concurrency Management System. 6.06 UTILITIES .. upon To be included In accordance with the agreed stipulations of the County Utilities Engineer. 6 - 1 / .... m .................. m-- m 6.07 SIGNAGE O=d[nance No. 89-60. the Collier County Sign 6 - 2 l II~l, "'I .Ii Itlii Iii IlllI 1t!i 1! I~ Glen Caudill, aa owner or authorized aqent for Petition R-Bg-ll (Companion Item SMP-sg-ls), agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 5, 1989. me 3e Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their revie,~ and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources · Management Department and the Community Development Division. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability.. The Natural Resources Management Department will /respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. EXHIBIT "B" 655 9e 10. ACOE AND SFWMD permits shall be obtained and copie~ will be forwarded to Collier County Project Review Services (CCPRS). If required ACOE and/or SFWMD mitigation alters the proposed SMP-89-15, the site plan shall be subject to the review process in effect at that time. Documentation of approval of the survey (methodology and results) conducted by petitioner's agent shall be obtained from the Florida Game and Fresh Water Fish Commission in regards to the presence and distribution of protected animal species. If so required or if during development activities protected species are encountered, CCPRS shall immediately be notified and project designs shall be adjusted if warranted. Protected plant species listed as sited in the revised EIS and those sited during development activities shall be protected from injury or relocated on site, preferably to preserve or !andscaping areas. Ail preserve areas as designated on the Master Plan shall be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries shall be subject to the review and approval of the Collier County Project Review Services (Environmental Review Staff). The wetland and/or upland preservation areas shall be deeded to and under the control of the Homeowners association or management company to be maintained in its natural state for as long as the development exists. No upland or wetland preservation areas or zones shall be altered or modified from the natural state. Prior to any development activities near wetland or upland preserves, buffer zones, cjuster tree islands, landscaping, wetland restoration or creation, or any other unique area designated so by the environmental consultant, shall be clearly marked with wooden or other suitablm barriers no closer than six feet from such area. Seventy-five percent (75%) native/xericscape landscaping shall be required for all residential areas and ninety percent (90%) for all common areas. Landscape restrictions and guidelines shall be incorporated into policies and/or deed restrictions. All competitive exotic vegetation shall be mechanically removed in areas isolated from native trees and shrubs, and manually removed or treated with an approved herbicide and left standing in areas where native trees or shrubs could be damaged by .the removal operation. Annual monitoring and maintenance shall be conducted' by a qualified restoration ecologist. Monitoring and maintenance plan shall be part of final site plan. No chemical spray treatment shall be used since young plants are easily pulled out by hand. Monitoring report to be submitted with annual PUD report. 11. There shall be no disposal of raw or garden residues in any of the wetland or upland preservation areas or buffer zones. This restriction will be incorporated into policies and/or deed restrictions. 12. Residential units shall be subject to the. following guidelines that shall be incorporated into policies, deed restrictions and incorporated into the plat as an easement. (a) Units shall maintain a 15 foot natural buffer along the rear lot. (b) If the buffer zone has a native tree canopy less than 30%, it must be planted to reach the 30% level within 5 years, the lot owner may plant additional native trees and/or shrubs as long as it does not compete with or damage any of the existing vegetation. (c) The buffer zone understory of grasses, hedges and weeds may be selectively cut or mowed once a year during the months of December, January or February with the mower blade set at least four inches off the ground. (d) Exotic vegetation shall be removed and annually controlled to prevent it from out-competing and displacing native plants. (e) Areas that are impacted by fill, beyond the 12 feet perimeter yard area, the yard area including the buffer shall be re-vegetated to a minimum tree canopy of 30% within 5 years with native and/or non-competitive ornamental species such that a minimum of 75% of the canopy consists of native species. (f) To provide maximum wildlife habitat, cjusters of trees and/or shrubs and palmettos (i.e. slash pine with palmetto and/or wax myrtle growing around their bases) on lots where the canopy is less than 30%, ,oo 036 . .fi57 13. shall be treated as landscape islands and shall be limited to the occasional raking or removal of debris from the understory as a fire prevention measure. The wet prairies shall be cut with a rota~-blade chopper (bush-hog) once every two years, alternating, so only half of an area is cut eaoh year. 14. Lake creation shall be subject to the follo%;ing: (a) Control of aquatic vegetation shall be done manually, as required, to provide and enhance long term community diversity of native spec/es and ensure against more opportunistic species out competing desirable ones. (b) No chemicals shall be used as a vegetation control method. In lakes where species such as cattails begin to out-compete other emergent plants, mechanical harvesting of no more than 75% shall be employed as long as it does not alter the littoral zone configuration and the area is re-vegetated with more desirable species. (d) Constructed lakes shall maintain a littoral zone around the lake with typical native aquatic vegetation relocated from on site and/or propagated by commercial sources. Lake littoral zones will be designed in accordance with Water Management District and U.S. Army Corps. of Engineers permit specifications. (e) At least 5.2 acres of native herbaceous aquatic plants and 2 acres of native wetland hammock trees and shrubs shall be planted in the littoral zones and lake margins up to the rear lot line except for easements required by South Florida Water Management District for maintenance purposes. (f) Revise the Subdivision Master Plan and PUD Master Plan to include a typical cross section indicating and identifying the lake water's edge, the bank slope, the water management maintenance easement and the buffer area on the rear of the single family lots, all to be done prior to the CCPC hearing. 16. 17. 19. 20. Functional submerged wetlands and wetland preserve/ conservation areas, as identified Jointly by the project ecologists and ecologists from the County, Corps. of Engineers and the South Florida Water Management District shall be preserved, restored and maintained. Detailed water management plans designed to maintain historic hydropertods in all wetland areas aforementioned shall be submitted for environmental approval by Collier County Project Review Services prior to construction plan approval. 23.7 acres of transitional wetlands shall be preserved or restored. 9.5 acres of uplands, as designated, shall be preserved. Golf course fairways and community property shall be subject to: (a) (b) Areas of native vegetation shall but cut no more than twice a year with a rotary chopper (bush-hog) set 6 inches off the ground, during the mcnths between August and February. No fertilizers or chemicals shall be applied to areas of native vegetation except for planted trees and shrubs to help promote root development and stem growth. (c) natural tree and shrub cjusters shall be protected from cutting as they provide diversity and cover for wildlife. (d) If treated wastewater effluent becomes available from existing or future wastewater treatment plants, an agreement shall be made to use such effluent for irrigation of the golf course. The proposed 5 year wetland water level and revegetation monitoring program will be submitted to the CCPRS and SFWMD for approval five years after the completion of the development phases. A 20 foot buffer will be provided around preserve/ conservation area land, wetlands, protected uplands, or other areas designated under the plan to be protected, subject to water management district specifications for buffers. Lakes will be an exception to this buffer zone and subject to buffer zone requirements of SFWMD. BOOK 03fi; .659 22. 23. 24. 25. 26. 2'7. Prior to final site construction approval, all conservation and preserve areas and all ACOE, SFWMD Jurisdictional wetlands shall be represented on the site plan by a survey prepared, signed and sealed by a prof,ssional land surveyor. Prior to construction, areas subject to alteration shall be flagged by the petitioner, the alignments/configurations to be subject to the review and approval of Collier County Project Review Services. Designate on the plat as conservation easement those areas of existing native vegetation to be preserved and the 15 foot buffer of native vegetation to be preserved as noted on the PUD Master Plan and/or identified in the EAC Staff report. These areas also would be identified on the revised Subdivision Master Plan and PUD Master Plan prior to the CCPC hearing. The easements shall not be dedicated to Collier County. Place a notation on the final plat indicating that sod alteration, development, maintenance etc. within conservation easements is restricted by the provisions of the Casa Del Sol PUD Ordinance 89- (whatever the number will be). Provide setback distances from the conservation easement within the development standard portions of the PUD document. For all of the stipulations above, mutual agreements must be reached between Collier County Project Review Services and personnel of Casa Del Sol. If =utual agreements cannot be reached, the matter will be brought before the Environmental Advisory Council or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), to BCC to act as the final arbitrator. 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. An Excavation Permit will lake(s) in accordance with 88-26 and SFWMD rules. be required for the proposed Collier County Ordinance No. 036 660 32, 33. A 45 ft. wide strip of land along the entire western property line shall be dedicated for canal widening and maintenance purposes. A copy of SFWMD permit or Early Work Permit is required prior to construction plan approval. Fill material from the lake is planned to De utilized within the project. However, excess fill material, up to 10t of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirement of Ordinance 88-26 including but not limited to traffic impact fees, etc. Removal of material in excess of 10t of total or maximum of 20,000 cubic yardm must meet the requirements of a commercial excavation per Ordinance 88-26. 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. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. Platting is required in accordance with Collier County Subdivision Regulations, if any lots, tracts, or parcels are to be sold. Final Plans shall reflect signs on the 30' emergency exit which will discourage its use as a regular ingress/egress driveway. Modify Section 2.08 of PUD document as follows: (a) In Section 2.08 of the PUD document the words "County Engineer" shall be replace by "Project Review 'Services Manager". (b} Item "G" - Clarify the request. 37. Final plans shall Identify the 38. 39. 40. 41. point at which the 120' right-of-way commences. This shall be determined by Transportation Services based on t~afflc analysis. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be deslgned~ constrccted, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and viii be billed by the County in accordance with the County's established rates. Should the County not be In a position to provide water and/or sewer service to the proJect~ the water and/or sewer customers shall be customers of the Interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It Is anticipated that the County Utilities Division will ultimately supply potable water to ~eet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's ~astevater at the time development commences, the Developer, at his expense will Install and operate Interim water supply and on-site treatment facilities and/or Interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. If an Interim on-site water su~plyt treatment and t~ansmlasion facility la utilized to serve the p~o~ect, lb must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 42. 43. 44. 45. 46. The on-site water dl'strlbutlon system to serve the project must be connected to the District's 20 inch water main on the west side of CR 951 and extended throughout the pro~ect. During design of these facilities, the following features shall be incorporated into the distribution system: (a) Dead end mains shall be eliminated by looping the internal pipeline network. Stubs for future system lnterconnectlon with adjacent properties shall be provided to the east and the south property lines of the pro,eot, at locations to be mutually agreed to by tha County and the Develope~ during the design phase of the project. The utility construction documents for the pro~ect's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the pro~ect to the futu:e central severage facilities of the District In the CR 951 rights-of-way. The force main must be extended from the main on-site pump station to the vest rights-of-way line of CR 951 and capped. It must be interconnected to the pump station with appropriately located valves to permit' for simple redirection of the project's sewage when connection to the County's central sever facilities becomes available. 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 pro~ect limits, for Irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the proJact and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER, consistent with the ¥olume of treated vastevater to be utilized. Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statutea~ that the Florida Public ~ervlce Commission has granted territorial ~lghts to the Developer to provide sever and/or water service to the pro~ect until the County can provide these services through Its water and sever facilities. The existing off-site rater facilities of the District must be evaluated for hydraulic capacity to serve this pro~ect and reinforced as required, If necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the pro,eot and the District's existing committed capacity. 48. 49. 50. 52. 56. 57. 58. Street right-of-way widths: Since pavement widths will conform to 'subdivision regulations the fifty feet (50') right-of-way Is adequate for the shorter cul-de-sac lots and minor private roads as designated on the Master Plan. ~treet pavement widths: The pavement widths vi1! be In conformity with the subdivision regulations. Curb radii: Curb radius minimum of thirty feet C30') will allow adequate space for the movement of fire and rescue vehicles. Intersections: The fifty feet (50') minimum %angent sections will not significantly Impede the maneuverability of fire and rescue vehicles. The forty feet (40') radius in all cul-de-sacs may alloy adequate space for a three point turn around of fire and rescue vehicles, and the ten feet (10') right-of-way may allow adequate space for the additional vehicular overhang. Looped water mains: It was agreed that the water system would be looped via two (2) tie-ins to the twenty inch (20") main on CR 951. Access to the golf course areas: The gridvork of cart paths will allow access to the golf course areas. Side and back clearance are within the requirements of the subdivision regulations. Fire hydrant and thrust block inspections= This requirement viii be made knovn to the contractor during the pre- construction conference. The developer shall provide left and right turn lanes on CR 951 at the project entrance. If a median opening is permitted upon the four laming of this road, the developer shall be responsible for the cost of all needed Intersection modifications. The developer shall provide arterial level street lighting at the project entrance. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the pro~ect entrance when deemed warranted by the County. The signal shall be owned, operated and maintained by Collier County. The developer shall provide 25 feet of additional road right-of-way along the west side of CR 951, within which there shall be no utilities. 10 59. There shall be no golf cart crossings on any road that become public. 60. A second access to CR 951 shall be provided. At the developer's option, it may be limited to emergency uses only. 61. ;If 'a gate house is to be provided at the project entrance, it shall be designed and located so as not to cause vehicles to be backed up to CR 951. 62. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Device~ as regulred by Chapter 316.0747, Florida Statutes. 63. All required Improvements, except signalization, shall be in place before any certificates of occupancy are Issued. 64. These improvements are considered "site related" as defined In Ordinance 85-55 and shall not be applied as credits toward any impact fees ~equired by that ordinance. Road Impact Fees she1! be paid In acco=dance ¥1th the fee schedule and applicable development type as set forth in Ordinance 85-55. 65. The project shall be designed for central water and sewer. 66. The development w111 provide notice of the adjacent air strip In the sales brochure. , 67. The single family residences abutting the western property "i :': line shall be limited to a maximum height of 25 feet above , ~' the finished ground. % 11 REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME T}{IS //~ ~ , 1989. DAY OF SEAL MY COMMISSION EXPIRES: NOTARY R-89-11 AGREEMENT SHEET 12 036 666 "' STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circui=, Collier County, Florida, do hereby certify that the foregoing is a true ¢o9y of: Ordinance No, 89-70 which was adopted by the Board of County Commissioners on the 24th day of October, ~989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commiss~oners of Collier County, Florida, this 2?th day of October 1989. Clerk of Courts and u~er~c-'.' ..... ~,. ' Ex-officio to Board of "..'"'*~ County Commissioners .". ,. Deputy Clerk ¢.:! . ..j.~<.