Loading...
Ordinance 87-071ORDINANCE 87- 71 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGLrLATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY A~R~ING THE ZONING ATLAS MAP NUMBER 50-26-4 BY CHA~NGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER%~f FROM A-2 TO "PUD" PL,%NNED UNIT DEVELOPMENT KNOW~ AS ROYAL WOOD GOLF AND COUNTRY CLUB FOR 146 SINGLE F;~MILY UNITS, 654 MIfLTI-FAMILY UNITS AND A GOLF AND COb.~TRY CLUB FOR PROPERTY LOCATED ON Tile NORTH SIDE OF RATTLESNAKE lbLMMOCK ROAD, APPROXIMATELY ~ MILE EAST OF COUNTY BAPdq ROAD IN SECTION 17, IOWNSHIP 50 SOUTH, RANGE 26 EAST, _+ 239.8 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William C. MeAnly and Associates, representing Elba Development Corporation, petitioned the Board of County Commis- sioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT OP~AINED by the Board of County Commis- sioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 17, Township 50 South, Range 26 East, Collier County, Florida is changed from A-2 to "PUD" Planned Unit Develop- ment 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 50-26-4, as described in Ordinance 82-2, is hereby amended accordingly. SECTION I%'O: This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. DATE': September 15, 1987 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Thls ot~lnot~e flied with the ~S~c~ .retry of StFte's_~fic~,~.~, and acknowfedgernepLof that ROYAL ~OOD GOLF & COUNTRY CLUB A P ~ u, r~ r~ e d U rti ~, D e 'u e I, o lo 'm, e 'n, t. ir i L L I A u C. H a k N LY & k 3 .~ 0 C I A T E ~ 5101 E. Tamlarnl Tr,.Sulte 202 Naples. Florida .33962 ROYAL WOOD GOLF AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT IN COLLIER COUNTY BY ELBA DEVELOPMENT CORPORATION 800 HA,RBOUR DRIVE NAPLES, FLORIDA 33940 PREPARED BY: WILLIAM C. McANLY & ASSOCIATES, P.A. 5101 TAMIA/4I TRAIL SOUTH, SUITE 202 NAPLES, FLORIDA 33962 TELEPHONE (813) 775-0723 ROYAL U00D GOLF AND COUI~TRY CLUB PUD I N DEX Sect ion Int roduct ion I. Fro'perry Ownership and Description Sect ion Sect ion II. Project Development III. Tracts G,H,I & J, Single Family Residential Development Section Sect ion IV. Tracts G, I & J, Single Family Resi- dential Development V. Tracts A,B,C,D,E & F, Hulti- Family and Single Family Attached Residential Development Section VI. Tracts M & N - Golf Course g Lakes Section VII. Tracts K & L - Park & Open ~pace Section VIII. Physical Improvements Page Il 14 17 -1- 33' INTRODUCTION INTENTION The Elba Developr:er, t Corporation ir, tends to establish a Planned Unit Development on lands as described in Section 1 of this document. STATEMENT OF COMPLIANCE The project is intended to be in substantial compliance with the applicable general zoning and subdivision regulations as well as other development codes in effect at the time per- mits are requested. The project will be consistent with the growth policies, iand development regulations ~nd applicable Comprehensive Ftan Documents for the following r~asons. 1) The subject property has the necessary rating points to determine the avai]abi]ity of adequate community facil- ities and services. 2) 3) The project development is compatible and complementary to the surrounding land uses. Improvements are planned to be in compliance with appl- icable regulations. 4) The project development wi]! result in an efficient and economical extension of community facilities and ser- vices. '0 1.1 ROYAL WOOD GOLF AND COUNTRY CLUB SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this section is to provide the legal description,, ownership and description of the existing conditions of the lands to be utilized ir. Planned Unit Development that is intended to be ~st&blished by th~ Elba Dev~l.l. pment Corporation, hereinafter called the "applicant" or "Developer". The purpose of the Planned Unit Development is to provide the standards and. set forth the guidelines for future development of the property. The Planned Unit Developmen~ shall be known and cited as Royal Wood '3olf and Country Club, h~ein~fter refer- red to as "Royal Wood". 1.2 DESCRIPTION OF PROPERTY AREA 1.3 The subject property i~ located on th~ north side of Rattlesnake Hammock Eoad, approxJmstely two miles east of State Road 90, U.S. Route 41, Tamiami Trail. The property is bounded on the e~st by Polly Avenue, on the west by Naples Mobile Home Estates and ,,nplatted prop- erty, on the north by unplatted property, and Naples Youth Haven, and on the south by Rattlesnake Hammock Road <CR-864). The current zoning for this property has been esta- blished as A-2. ~EGAL DESCRIPTION The Southeast Quarter and the South Half of the North- east Quarter, except the Southerly SO feet thereof for road right of way in Section 17, Township 50 South, Range 26 East, Collier County, Florida; Being more particularly described a~ follows: Commence at ~he Southeast co~ner of Section 17, Town- ship ~0 South, Range 26 East, Collier Co%~nty, Florida and run North 00 Degrees 03 Minutes 02 Seconds East along the East line o~ said Section 17, for 50.01 feet to the intersection with the North right of way of Rattlesnake Hammock Road (CR 864) for the Point of Beginning; thence run North 89 Degrees 17 Minutes 55 1.4 Seconds Uest along said right of ~.:ay for 2636.46 feet to the intersection of the North-South ,?~arter line of said Section 17; thence run North Q0 Deqree~ !3 ~.linutes 36 Seconds Uest alon~ said Quarter line for 3954.99 feet; thence run South 89 Degrees 58 [4inures 48 Seconds East for 2661.02 feet to the intersectien with the East line of said Section 17; thence run South O0 Degrees 16 ldinutes 30 Seconds Uest for 1328.95 feet to the East Quarter corner of s~id Section 17; thence run South O0 Degrees 03 Minutes 02 Seconds Uest for 2619.90 feet to the Foint of Beginning subject to easements of record, containing 239.S4 acres mo~e or less. OWNERSH I P The subject proper~y is o:.~r, ed by ~.arne~t Banks Trust Company, Trustee and Lynn Hizon-Holley, Trustee c/o J. Thad Moss, 335 l~th Avenue South, Naples, Florida, 33940. The subject property ~s under "Sales Contract" by Elba Development Corporation, Eli Baron, President, 800 Harbor Drive, Naples, Florida, 33940. -4- 2.1 2.2 ROYAL WOOD GOLF AND COUNTRY CLUB SECTION PROJECT DEVELOPMENT Furpose The purpose of this Section is to delineate and gener- ally describe the project plan of development, the re- spective laird uses of the Tracts included in the pro- ject, as well as the project criteria. General Regulations for development of Royal Wood shall be in accordance with the contents of this document, the FUD section of the Collier County Zoning Regulations, other applicable sections of the Cull ie~ Count], Zoning Ordi- nance and applicable sections .Df the current Collier County Subdivision Regulations, except where variations from the Subdivision Regulations have been specifically authorized. Un]ess other~;ise noted, the definitions of all terms sha]l be the same as the definitions set forth in the Collier County Zoning Ordinance. Wh~re specific development standard5 ~re not addressed in this documen~ then the current applicable Collier County Code ~r Ordinance ~il 1 apply. · 2.3 Development and Fractionaliz~tion of Tracts 2.3.1 When the developer sell~ an entire Tract or a building parce'l (fraction of a Tract) to a subsequent o~ner, or proposes development of such property himself, the developer shall provide to the Zoning Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent o~.~ner of such property, a boundary drawing showing the tract and the building parcel therein (when app]icab]e> and the square foo- tage assigned to the property. The drawing sha] 1 al~o sho~ the location and ~ize of ac- cess to those fractional parts that do not abut a public street. An updated I.laster Plan sho%~ing the fractional parcel al'5o shall be submitted. 2.3.2 In the event"any tract or building parcel is sol~ by any subsequent owner, as identified in Section 2. 3. 1 in frnct ional parts to other parties for development, the subsequent o~ner sh~l 1 provide to the Zoning Director for proval, prior to development of the tract by the developer or prior to the sale to a subse- quent owner of a fractional part, a boundary drawing showing his originally purchased tract 2.4 or building parcel and the fractional parts therein and the square foo[age assigned to each of the fractional parts. The drnwing shall also show the location and size of ac- cess to those fractional parts that do not abut a public street. An updated Hasler Flan showing the fractional parcel also shall be submitted. 2.3.3 The developer ,Df any tract must submit a Con- cep~ual Site Flan for the entire tract in acccrdance with S~ction 2. ,i of tP:is d,Dcumen~ prior to Final Site Development ?l~r, submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Blah for the entire tract if a Final Site Rlan is submitted and approved for the entire tract. 2.3.4 2.3.5 The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site developmen~ plan for his tract or parcel in conformance with the Coning Ordinance re- quirements for site development plan approval. This plan shall be .in compliance with any approved Conceptual Site Plan as well as criseria within this document. In evaluating the fractionalization plans %he Zoning Director's decision for approval or denial shall be based on compliance with the criteria and ~he development intent as set forth in this document, conformance with an allowable amount of building square footage and the reasonable accessibility of the frac- tional parts to pub] ic or private roadways, common areas, or other means of ingress and egress. 2.3.6 If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. BUD Conceptual Site Plan APproval Process When PUD Conceptual site plan approval is desired or required by this document, the fol lowing procedure shall be followed: ', 2.'4, 1 A ~.,ritten request for conceptual site plan approval shall be submitted to the Director for approval. The r6quest shall include ma- terials necessary to demonstrate that the approval of the conceptual site plan will be in harmony with the general intent and purpose of this document, Such material may include, -6- 2.4.2 2.4.3 2,4.4 but is not limited to .'.he fo!lo¥,in?, :.;her-: appl icable: ~it~. plans at ~n appropriate scale showing proposed placement of s~uc- tures on the property; provisions for ingress and egress, off-street load- ing areas; yards and other open spaces. Plans showing proposed locations for utilities hookup. Plans for screening and buffering. In the case of cjustered buildings required property development regulations may be waived .Dr reduced provided a site plan is approved under this section. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application, unless a sp('cific fee for Conceptual Site Plan Review is ~dopted. I~ ~.pproval or denial is not issued within twenty ~20) working days, th~ submission shall be considered automatically approved. 2.5 Site Development Fl3n Aooroval Froce~ Site Development Plan ~pproval, when desired or reques- ted by this document, shall follow the procedure outlined in the Collier County Zoning Ordinance. 2.6 Plan and Land Use Tracts The project plot plan is shown on the accompanying Drawing titled E×hiLit "A", P.U.D. "Master Development Plan" and Exhibit "B" tit~ed "Tract Map". The drawing shows the sixteen (16) land use tracts which also include water management areas and road rights-of-way. The land '~= tracts are listed here and on Exhibit A: Tract A: Low rise Multi family, villas and attached single family residential 9.01 acres ~wel.'ing uhits = 110 +/- Tra,:t B: Lo~ rise Multi family, villas and attached single ~amily resident iai 10.33 acres D~.~ell lng units = 126 +/- Tract C: Low rise Multi family, villas and attached single family residential 9.02 acres Dwelling units = 110 +/- 8,42 6.?3 2.7 Tract D: Low rise Multi family, villas and attached single family res ident !.~ 1 6.75 acres D~.;el] ing units = 82 +/- Tract E: Lo~¢ rise [dulti family, villas and attached single family residential 6.28 acres D;~elling units = 76 +/- Tract F: Low rise Hulti family, villas and attached single family residen~i3l 12.42 acres D~el i lng units = 150 +/- Tract G: Single family residantial and Buffer Area !3.52 acres 57 Dwelling units = Tract H: Single family residential Dwelling units = 9.05 acres 28 Tract I: Single family residential acres D~:el]ing units = and Buffer Area 35 Tract J: Single family residential and Buffer acres D~.,elling units : 25 Tract K: Park 4. 27 acres Tract L: Park and Preserve 1.86 acres Tract M: Golf Course ~ountry Club 4.81 acres Tract N: Golf Course and Uater Management 127.23 acres Tract 0: Entrance Right of Uay 4.01 acres Tract P: Land reserved for future public rights of :.~ay 10.14 acres In addition to the various z. reas and .~pecific items shown on Exhibit "A", utility, private, semi-public, etc., easements shall be established ~ithin the project as necessary for the service, function or convenience of the projec, t' s inhabitants. Prolect Density The total acreage oI the Project is approximately 23~.84 acres. The maximum number of d~elling units to be built on. the total acreage is e. 00. The number of dwelling units per gross acre is approximately 3.34. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each and other design considerations. -8- ,oo 02'8,...,- 40 2.8 Eroiect Pl.~n A~mrovai Re.~uirement.=. Prior to the recording of the Record Plat, final plans of the required improvements shall r~ceive the 6pprova] of all appropriate Collier Co,.,n~y government~i ~gencies to insure compliance with th~ F'lan of Development, the County Subdivision Regulations and the p!~tting laws of the State of Florida. Exhibit "A" :P.U.D. Master Development Plan, constitutes the required P.U.D. Development Plan and the Subdivi- sion Master Plan. Subsequent to its approval, the Fi- nal Site Plans and Final Subdivision Plat shall be sub- mitred for approval. 2.9 Permitted Variations of Dwell in.~ Unit_~ All properties designated for residential uses may bz developed at the maximum number of dwelling units as assigned provided that the total number of dwel~ ins units shall not exceed SOO. The Zoning Director or Designatee shall be notified in accordance with Section 2.3 of such an increase and the resulting reduction in the corresponding residential 'l&nd use types or other categQries so that the total number .Df dwelling units shall not exceed 800. 2. 10 Development Sequence and Schedule The applicant contempla~e~ dev¢iopment of Royal Wood Golf and Country Club in t~,o (2~ phases. Phase One (l) is planned for the development of Tracts D,E,F,H, I,J,M, N and lots 25 through 54 of tract G. Development of Phase One is scheduled to begin September 1987. Phase Two (2) will include the remaininG tracts and is expec- ted to begin in September 1989. However, development schedules may vary with economic conditions, availabil- ity of essential services, etc. 2. 11 Easements for Utilities 2.12 Easements for ~.~ater management areas and facilities, utilities and any other use or purpose ~s may be needed for the prpper development of Royal Wood Golf and Country Club, shall be provided in substaKtial compl- iance with the Collier County Subdivision Regulations. Alt easements shall ~e granted to the proper entity to insure continued opera{ion and maintenance. VA~I~,TIONS The follow, ins describes the variation from the standard provisions of the Collier County Subdivision Regula- tions. Upon approval of the Royal Wood f~nal F.U.D. plan and document, the approved F.U.D. plan and document shall take precedence over conflictin? requirements of the County Subdivision or zoning regulations. 2.12.1 Article :,~ Section !6: :Fidewalks shall bo pro- vided as shown on the :.I,~st~r Plan which shows sidewalks on: the westerly and southerly side of Royal Wood Boulevard; the easterly side of Royal Wood Boulevard form Lot .57, Tract G, south: one s~de of the ro~d providing acces~ to :Tracts C, D g E; along the frontage of thl5 ,property on Rattlesnake Hammock Road. 2.12.2 Article X Section 19: Edge of pavement stri- ping ~i]l not be required with roadways having valley gutter edges. 2.12.3 Article XI Section 3: as shown on Exhibit A. be required. Block lengths shall be Crosswalks shall not 2.12.4 Article X! Section 10: All monuments shall be installed in accordance with State Statutes and as approved by the County Engineer. 2.12.5 Article XI Sections 17F & 17G: Roadway design for the roads thst are located in Tracts A, B, ~, D, E, & F sha'll be 'as approved by the Cou:%ty Engineer as part of the site alteration procedure. Roadway design for all other roads shall comply with the cross sections approved as part of this Royal Wood P.U.D. 2.12.6 Article XI Section 17H: Dead end roadways in Royal Wood may' be approved only as shown on Exhibit "A" and provided that an emergency vehicle access be provided to Polly Avenue across from Lot 21, Tract G, as shown on Exhibit "A". 2.12.7 Article XI Section 171: The curb radii at the intersections of all roadways within Royal Wood shall be a minimum of thirty (30) feet. 2.12.8 Article XI Section 17J: Curved roadways shall be permitted to have less than -gne hundred (100) feet of tangent at intersections. 3.1 ROYAL WOOD GOLF AND COUI.F'I'RY CLUB .~h~E FAMILY PURPOSE The purpose of this Section is to set forth the de- velopment l~nd plan regulations for the areas desig- nated as Lots I through 37 of Tract G, Tract H, Lots 1 through 3 of Tract I and Lots 13 through 26 of Tract J, single family residential on Exhibit "A". 3.2 MAXIMUM DWELLING UNITS 3.2.1 3.2.2 A maximum number of 82 single family detached dwelling units may be constructed on Lots 1 through 37 of Tract G, Tract H, Lots 1 through 3 of Tract I and Lots 13 through 26 of Trac~ J. There shall be a maximum of one ( 1; dwelling unit per lot. 3.3 USES PERMITTED No building or structure or ~rart thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the follo~.,ing: 3.3.1 PRINCIPAL USE 1. Single family residences. 2. Roadways for Royal Wood Golf and Club. Co ~.~ r~ t r y 3. 3. 2 ACCESSORY UoEo Customary accessory uses and structures, including private garages, swimming pools, carports, utility buildings etc. Signs as permitted by applicable county ordinance or restrictive co~erants for Royal Wood Golf and Country Club. Mode] home~ which are developed and used in conjunction with the promotion of the resi- dential development. Such model homes sha]l be converted to residential status within a t~o (2) year period, unless otherwise spe- cifically approved by the cognizant County authority. -11- ~. ~ F. UC., U~=o Provisional Uses as ir, accord3nce uith the Collier County Zoning Ordin- ance and as referenced in Section 7. 11 b.3 of that Ordinance. 3.4 FROPERTY DEVELOPI~E~.IT REGULATIONS 3.4.1 DENSITY The: density of each single family residential ~ra~t shall be more or ~ess proportional to the total acreage ,Df the combined tracts, but the total ,Df all tracts shall not exceed 82 d~elling units. 2.4.2 3.4.3 LOTS I4inimum lot area: Minimum lot ~idth: Interior Lots: Corner lots: ~;edge Shaped Lots: 1,3,000 square feet 60 feet 80 feet average between front and rear lot lines. 95 feet average between front and rear lot lines· Same as interior lots. Front and rear widths shall be measured along a line interconnecting the two points where side lot lines intersect street right of ~sy. YARDS The structures on each lot shall be placed in conformance with the following setbacks: Front yard: ~0 feet Sid~ yard: one story, 7 1/2 feet t~o story, 15 feet Rea~ yard: 25 fee~ In the case of residential pools which are screen enclosed or unen- closed, rear yard setbacks may be reduced to 15 feet, except those -12- 3.4.4 3.4.5 3.4.6 lots bordering ~..he golf course in which case the rear ,yard setback for pool enclosur~.s sh~ll be duced to lC,_ STRUCTURES The maximum height5 for structures ~hall be fol lows: Frincipal Structures: 90 feet Accessory Structures: 20 feet (All height~ t,:, be mess,.,rad above finished grade of lot). FLOOR AREA The minimum floor sr=~.- for ~,rincipa] struc- tures shall be as follo~:s: One story: 1000 ~quare feet Two story: 1200 square feet PARK I NG The, minimum offstreet parki'ng for each idential lot shall be t~.:o spaces per unit. dwelling -13- 4.1 ROYAL WOOD GOLF A~.:D COUNTRY CLUB SECTION IV SINGLE FAMILY PURPOSE The purpose of this Section ~s ~o set forth the de- velopment 16nd plan regulations for the .~reas desig- nated as Lots 38 through 57 of Tract G, Lots 4 %hr¢,ugh 35 of Tract I and Lots 1 through 12 ,3f Tract J, single family residential on Ezhibit "A". 4.2 MAXIMUM DWELLING UNITS 4.2.1 A maximum number of 64 single fsmilI, detached dwelling units may be constructed on Lots 38 through 57 of Tract G, Lots ,t through 35 of Tract I and Lots I through 12 of Tract 4.2.2 There shall be a maximum of one (1) dwelling unit per lot. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, .3r land u~ed, in whole or in part, for other than the following: 4. 3. 1 PRt~CIPAL USE 1. Single family residences. 2. Roadways for Royal Wood Golf and Country Club. 4.3.2 ACCESSORY USES Customary accessory uses and structures, including private garages, swimming pools, c~rports, tennis courts, parking garages, utility buildings, etc. Signs as permitted by applicable county ordinance or restrictive covenant~ for Royal Wood Golf and Country Club. Model homes whioh are developed' and used in conjunction with the promotion of the resi- dential development. Such model homes shall be converted to r~sidential status t.~ithin a two (2) year period, unless otherwise spe- cifically approved by the cognizant County authority. -14- 4.3.3 PERblITTED PROVISIONAL USES AND Provisional Uses as in ~ccordance with the Collier County Zoning Ordinance ~s referenced in Section 7. 11 b.3 of that Ordinance. 4.4 PROPERTY DEVELOPNENT "-, ...... 4.4.1 DENSITY The density of each s~ngle family residential tract sh~ll be more or ieee proportional to the total acreage of the combined tracts, but the total of all tracts shall not exceed 81 d~elling units. 4.4.2 LOTS Minimum lot area: 6,000 square feet Minimum lot width: 60 feet Interior Lots: 60 feet average bet~een front and rear lot lines. Corner lots: Uedge Shaped Lots: 75- feet average between front and rear lot lines. Same as interior lots. Front and rear widths shall be measured along a line interconnecting the two points where side lot lines intersect street right of way. 4. 4.3 YARDS The structures on each lot shall be placed in conformance with the following setbacks: Front yard:~: feet Side yard: Rear yard: one story, 7 1/2 feet two story, 15 feet 20 feet ih the case of residential pools which are screen enclosed or unen- closed, rear yard setbacks may be reduced to 15 feet, except those lots bordering the golf course in ~:hich case the rear yard setback for pool enclosures shall be re- duced to 10 feet. -1c 4.4.4 4.4.5 4,4.6 STRUCTURES The maximum heights for structures shall be as fo I I OWS: Principal Structures: 30 f-_-et Accessory Structures: 20 feet (All heights to be measured above finished grade of lot;. FL~OR AREA The minimum floor area for principal struc- tures sh~,ll be as folio'ds: One story: 600 _=.~.uare feet Two story: 800 square feet FARK i NG The minimum offstre~t parking for each dential uni t. resi- lot shall be two sp~ces per dwe!lin9 -16- 5.1 ROY~L WOOD GOLF AND COUNTRY CLUB SECTION :; MULTI-FA&lILY g SINGLE-FAHILY ATTACHED RESIDENTIAL PURPOSE The purpose, of this Section is to set forth the de- velopment p~an and regulations fo~ the ~re~ desig- nated as Tracts A,B,G,D, E0 and F, !o,.~-r!s~ multi-family and/or single family a~tached residences on Exhibit 5.2 MAXIMUM DWELLING UNITS A maximum number of 654 low-rise muit~ family and single family attached villas, dwe~ lin? unit5 may be constructed on Tracts A,B,C,D,E z.r.d F. Ho~,euer thi~ number may be adjusted upward or down~,ard should the number of single family residences vary from the number of single family residences listed in Sections I!I and IV of these documents. The mazimum number of dwelling units, multi family, single family attached and single family shall not exceed 800. 5. 3 USES FERM!TT£D No building or structure or part thereof, shall be erected, altered or use~, or land used, in whole or in part, for other than the following: 5. 3. 1 PRINCIPAL USE 1. Low rise ['lulti-family, villas and single family attached residences. Maximum three (3) ate. fy structures. 2. Roadways for Royal Wood Golf and Country Club. 5. 3. ~ ACC=s,~0R~ qc=.~ 1. Customary accessory uses and struc- tures, including Garages, swimming pools, tennis courts, recreational and utility buildings... 2. ~igns as permitted by applicable county ordinance or restrictive covenants of Roya~ Wood Golf and Country Club. -17- 5.3.3 3. In conjunction with the promotion of the development, apartment~ may be designated as models. Such model apartments shall be con-erred to residential ~tus within a t~.~.D (2) year period, unless o~herwise spe- cifically approved by the applicable County authority. PER!.."ITTED PROVISIONAL "~'=~ A~.,~ ~-~ ', Provisionsl Uses and Structures as in accor- dance with the Coil!er County %oning Ordinance as referenced in Section 7. 12 b. 3 of that Ordinance. 5.4 SITE PLAN REOUIREMENTS 5.4.1 SITE PLANS A site plan for each ,Df the tracts mu~t be submitted to the applicable Collier County agencies prior to the issuance of building permits. Thi~ ~ite .plan ~hall show the pro- posed location ,Df ali = 'v , .~r~ e~ays off-street par~:ing areas, landscape pl'~ns, other acces- sof~ uses, residential ~tructures, and the distribution of dwelling units among the pro- posed structures. Site plans must be approved by the "Development Plan Approval" process of the 2oning 0rdihance in effect at that time. PROPERTY DEVELOPMENT REGULATIONS 5.5.1 DENSITY The density of each tract shall' not exceed fifteen (15) units per acre and the total for all tracts shall not exceed those numbers stated in 5.2 above. 5. 5.2 LAND U,E The'. land use for each individua} tract must either be multi-family or single ~amily at- tached. No combination of multi-family with single family, attached will be allowed within the'same tract. 5. 5. 3 MINIMUM LOT SIZE The minimum lot area shall be One (1) acre and the minimum lot width shall be 150 feet. -18- 5.5.4 5.5.6 5.5.7 MAXIMUM BUILDING HEIGHT Principal Structures: :.laximum height shall be Thirty five (35) feet hich for tow ~ise multi family and Twenty five ¢2[,~ feet for single family at %~ched. Accessory Structures: ~.l$,ximum height sha] ! be fifteen (1 .... for al~ acce==orv structures. t. IINIMU~4 SET BACKS All yards, set-backs, etc. shall be in rela- tion to the respective multifamily tract boun- dary line. Accessory Structures (carports etc.; fifteen (15) feet from street right of wsI, or from tract boundary line. Principal Structure5 Front: 30 feet Rea~: 30 feet"except where rear line is the Golf Course boundary in which case it ~i]l be 20 feet. Between Structures: ~um of heights or 15 feet for single story, 20 feet for 2 story and 30 feet for 3 story whichever is greater. Side: MINIMUM FLOOR AREA 10 feet for sing]e fami]y attached, and 20 feet for 2 or 3 story multi family. The. minimum floor area of dwelling, units shall be 750 square feet. [.~.IN!MUM OFF S-TREET PARKING At least one and one half (1 1/2) off street parking ~paces shsl] be provided for each dwelling unit. An ~dditional one half (1/2) parking so~ce per d~.~e] Iinq unit shall be plan- ned for future development, and may be uti- lized as landscaped open area until such time ~s needed for vehicular parking. Access to pa[king spaces shall be designed to reasonably prevent any vehicle~, from backing into the roadway r igh~ of way. -19- ROYAL WOOD GOLF AND , SECTION GOLF COURSE S COUNTRY 'SLUB 6.1 PURPOSE The purpose of this Section is to set forth the County de- velopment regulations for the golf course, including normal accessory structures and uses within the golf course !and area, including some uses of a commercial nature. 6.2 USES PERMITTED No portion of Tracts M and N shall be utili-.ed for other than the following: 6. 2. 1 PRINCIPAL 1. Golf Cou:se and Country Club 2. Water Management Facilities 3. "Entry Road for Royal Woo~ Golf and Country Club. 6.2. 2 ACCE.-.oOR~ 1. Signs as permitted in section 8.31 of the Collier Couhty %oning Ordinance. Club house, pro mhop, practice driving range and other customary accessory struc- tures and uses of golf course'lands. Non-golf recreational facilities. Small commercial establishments, inclu- · ding gift shops, golf equipment sales, restaurants, cocktail lounges, and similar '.uses, intended to metre patFons of the Royal Wood Golf and Country Club and not the general public. Uses involving intoxi- cating ~everages ~hall be subject to the location and use restriction provisions of the County zoning regulations at the time of permit application. 52 6.3 GENERAL 5. SiGns s,s p~rmitt~d ty the Co!iler County 5oning Ordinance at ~he time of permit application. Development .of the golf course on ?r~ct N and the de- velopment o~ the clubhouse on Tract M, including non- golf recreational facilities ~nd r~l~ted golf course to issuance of ~ building ~,~rmit for gny .Df the permit- ted uses in Tracts ~4 and N, a detailed site plan for the proposed ~.~ork shall be submitted ~o and approved by the Planning Director. Water Management facilities, including lakes, culverts, golf coo[se bridge crossings, and weir control stsuc- ture, will be constructed to the general configuration and size as shown on Exhibit "A" and shall conform to the rules and regulations of Collier County and the South Florida Water Management District. 6. 4 MINIMUM YARDS Club house,, pro shop, and other habitable buildings shall be set back a minimum of 50 feet from the nearest residential building site and 50 feet from the nearest street right of way. 6. 5 MAXIMUM HEIGHT 6.6 The maximum building height shall be 35 feet. OFF STREET PARKING As required by the Collier County Zoning Ordinance the time of permit application. at -2 l- 7.1 PURPOSE ROYAL W0OD GOLF AND COUNTRY '7. LUB :-UECTiON VI i PARK AND OPEN SPACE The purpose'; of this Sec=ion is ~.:, se~ forth the de- velopment land plan and regulation~ for tbs areas des- ignated as Tracts K and L, park ~nd open space on Exhibit "A". 7. 2 USES FERMITTED 7.3 No port,on of Tracts K ~nd L shall other than the following: 7.2. I PR!NCIFAL USE 1. Park site be utili:ed for 2. Natural-open space 3. Cypress Freserve area DEVELOPMENT J~EGULATIONS No major facilities or structures are proposed to be constructed in either Tract K or L. L~nd clearing will be performed in accordanbe ~ith Section 8.7.B to remove exotic plant species. Some vegetative removal may be required for ~,alkin9 paths or picnic areas in Tracts K and L, however, no removal other than for exotic spe- cies will be undertaken in the 0.8 acre cypress pre- serve area. ROYAL WOOD GOLF AND COUNTRY CLUB SECTION VIII PHYSICAL IMPROVEMENTS AND COMMIT.'..]ENTS 8.1 PURPOSE The purpose cf this Section is to ~et forth the County development regulations covering physical development requirements for ~he Royal Wood project. 8.2 STREET RIGHT OF WAY WIDTH Access Road: 120 ft. A11 other streets: 60 ft. 8. 3 OFFSITE ROADWAY IMFROVEMENT$ 8.4 At the time the intersection of :FR-864 and Royal entrance is constructed, right turn deceleration left turn storage lanes will be. constructed within SR-864 right of way, using standard D. OT plans. SIDEWALKS a r,d the Concrete sidewalks shall be installed on the westerly and ~outherly sides of Royal Wood Boulevard; the east- erly side of Royal Wood' Boulevard from Lot 57, Tract G, south; one side of the roads providing access to Tract C, D & F; along the frontage of Royal Wood on the Rattlesnake H~mmock Road. All sidewalks shall be five (5) feet in w~dth e×cept the sidewalk on the easterly side of the Royal Wood Boulevard which shall be four (4) feet in width. 8.5 UNDERGROUND UTILITIES 8.6 Underground telephone, electric pod,er, and cablevision utilities shall be instal]ed throughout the Royal Wood project so as to serve each building site. WATER AND SEWER A Fotable ~a~e~. dis~rlb,.,tion s~s~m· .. and a sanitary se~er collection system shall be constructed throughout the Royal Wood Golf and Country glub projeot. The tams shall be connected te the Cull ier County Water- Sewer Dimtrict for water ~nd sewer service. All water and se~er facilitie~ ~nd appurtenances shall be con- structed pursuant to all requirements of Collier ~ounty -23 - and the State of Florida that are in effect at the tim~ of construction. I;o construction shall begin until all plans and specifications and other technical data as may be required have been approved by Collier County. The water and sewer facilities shall be constructed within easements to be dedicated to Collier County. Upon completion of construction, all sewer and water facilities will be tested to insure compliance with minimum standards as required by Collier County. All water and sewer facilities will be deeded to the County pursuant to County Ordinances, regulations and proce- dures. All: water and sewer lines must be accepted by the County prior to being placed in service. Compliance with all applicable regulations, policies and procedutgs of the Collier County Utility Department is required prior to the issuance of building permit for construction of a structure within the Royal Golf and County Club. A parcel of land, approximately 105 feet by 105 feet, as described in Exhibit "H", is, by the adoption of this ordinance, reserved for use as an area for the location of sewage transmission facilities. This land shall be dedicated to the appropriate County Agency when required for construction of the regional sewage facilities. The pumping station shall be bufferod in conformance with Section 8.37 of the Zoning Ordinance at a minimum. The Developer will leave as much exis- ting vegetation as possible as requested by the Board of County C~mmissioners on September 15, 1987. No certificate of occupancy will be granted for this project until the Collier County Water Treatment expan- sion program that is presently under construction has been completed. Schedule completion should be sometime in January or February of 1988. Exhibit "H", attached hereto, and titled "Memorandum", dated April 27, 1987 from John F. Madajewski, Utilities Engineering Director, to Ann McKim, Planning Depart- ment, is hereby made a part of these PUD documents. 8.7 EN'4IRONMENTAL CONSIDERATIONS ao Developer shall be subject to Ordinance 75-21 (or tke tree/vegetation removal ordinance in existence at the'time of permitting), requiring, the acquisi- tion of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to th~ Natural ~gsources ~anagement Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases '.to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native veg- etation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. -24- ,56 C0 So Native species shall be uti!i-.ed, ::here av.~ilable, ~o the maximum ez~.en~ possible in ~he site :.~ndsca- ping design. A landscaping plan ::ill b..= _~ubmitt=.d to the Community Development Divi.= i.~n and th=. Natural Resources ~.I~n~gement Dep~r~ment for their rsview and subjec-, to ~heir approval. This plan will depict the incorp,.-.r~t ion .Df .-:atlve species and their mi:z ~it,~, .:.ther s[,eci~, if any. The goal of site landscaping shall k.e the ~-~-crea%ion of nat ivy? vegetation and habitat charactaris.-.ics los~ on the site during construction or due %o past activities. All Exotic plants, as defined in the County Cc. de, shall be remo,,ed during eAcl% phase of construction from development are~_~, open space area_~, and pre- serve areas. Following ~ite development a main- tenance program shall be implemented re. prevent reinvasion of the site by ~,.'.ch exotic specie'_-'. This plan, ',~hich r~il] d~__~cribe c¢,ntrol techniques and inspection intervals, shall be filed ~.:ith and subject to approval by the ~la~ura! Resources M~n- agement Department and the Community Development Division. If, during the course of site clearing, excavation, or other constructional acti~titi~s, an archaeolo- gical ,Dr historical site, artifact, or other indi- cator is discovered, all development at that loca- tion shall be immediately stopped and the Natural Resources Management Department notified. De~,elop- ment will be suspeoded 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 Resour- ces Management Department will respond to any such notification ir. a timely, and efficient manner so as to provide only minimal interruption to any con- struct~onal activities. Littoral 2ones along lake margins should be at a side slope ratio of ]ess than 4:1 out to a depth of three ~eet from mean low water levels. Any additional stipulations mandated by an~ County ex- cavation ordinance in effect at the time of permitting ~ill ~pply to lake construction, with the more stringen{ regulations being applicable to this project. The developer should investigate a program to re- duce or pre~ent the growth of various "weed" (e.g. cattails) and/or exotic plants (e.g., hydrilla, water hyacinths, etc.) in the lakes. Peti~ioner should consider vegetating at least portions of the littoral shelf zone with native species of aquati~ plants. ' -25- G. Two areas totalling at least the southeastern reaches of th beled "K" and "L" c,n prel im[nar be passive park pr~.s~.rv~s. 0.8 ocre wetland sitc-. must be flao~ed bY th= m~tit i subject to the review and H. For certain native plant moved to accommodate str to trar%spt ant such plants project.: Flants subject to but &re not limited to: to), oak trees (Quercus spp. ), (Tillandsia app.), and butterf t~mpensis). Developer ~s stroh plant other native specie5 limited to: dahoon holly ( Ilex ( Myrica cerifera), cocoplum ( C and myrsine (Myrsine flor~dana) I. Hammock areas sha]I be inve~t personnel to evaluate any arch cance; results of their finding the review of NRMD. 8.8 WATER HANAGEMENT CONSIDERATIONS: Detailed, ~ite drainage ~.lans f, development shal! be submi Engineer for review. No const be issued unless and, until app construction in accordance wit? is granted by the County Engine An Excavation Fermit will be posed lake~ and channels in County Ordinance No. 80-26, as No. 83-3, and as may be amended Co Construction of all water m~ shall be subject to compliance provisions of the Collier Count lations. Petition.er sha~l dedicate eas~ improvements for all waterways quired for compliance with t District No. 6 U. pdate Report this property and/or immedi perties ~onlrolled by Collier ¸26 13 acres found in parcel < i.e., ia- site pl~ns, _--hall rcel "'/' incl'.:des a :,? ~ny cor;~truct ion · p~r~-: boundaries ,er, the boundaries ~al cf NRI,ID. pet it loner ewhere '~ithin the :splantat ion inc]ude z, alms ~ {able palmer-- protected airplants .~ orchid~ ,, Encycl ;~y urg~.d to tr~ns- including but net ~as~ine), wax myrt]e ~rysoba 1 anus icaco) [gated by qualified aeological signifi- will be subject to each phase of the ted to the County uction permits shall oval of the proposed the submitted plans er. gulfed for the pro- ordance with Collier amended by Ordinance in the. future. nagement facilities with the appropriate y Subdivision Regu- ments and construct and structures te- e Water Management within the limits of tell, adjacent pro- ounty. 8.9 BUFFER AREAS Buffer areas, a.~ _--ho:.;n ,:.r, E:.:hlbiz blished betue~.n the t'e::'i,fic-:':~.!ml reserved r igh% ,.-,f ;~ay ar~s .... ---- be ten (lC,) feet ;.n ~-~idth f,.~c the. f the resid_~nti.~i housing ~,~--.~_= :;her maste~ plan and fifteen 15) f,---et 31. Royal Wood Boulevard thmt Polly Ave n,.~e, or its sha] 1 comply ~ith Article County subdivision regulations, ad 1976 and the standards as set fort of the Cull ier County zoning ordinan The Buffer Areas are parts of Tract sho~n on Exhibit A. $. 10 RIGHTS OF WAY EXPANSION The East 100.00 feet of the Southea i00.00 feet of the Southeast i/4 o and the ~;orth 17,50 f~et of th~ Sour Southeast 1/4 of Section 17, Townshi East is, by the adoption of this ord road rights of way to be dedicated governmental agency at the times o subject rights of way or at time plat(~) of Royal Wood Golf and Coun occurs first. 8. 11 TRAFFIC CONoIDE~ATIONo. The access on R~ttl~snake Hamm~ direct alignment with Augusta accordance with Ordinance 82-~ shall make a f~ir share contr capital cost of a traffic signa A, shall ~'= =_sta- in.? .~ r =. a -~ .-.nd ~.he buff--.r areas ~h~!i 'here buffer ~ r ~,=,~ ~n q of 5he Cull ~er ,pted February 17, ~ in Sect ien 8.37 G, I, J and 'N as I/4 and the East the Northeast 67.50 feet of the 50 South, Range 26 nance, reserved for to the %ppropri~t~ expansion of the ,of recording the ry Club, whichever ,ck Road shall be ir, Boulevard and in ,i. The developer ,bution toward the at thi~ intersec- tion whet, deemed warranted by :he County Engineer. The signal shall be owned, o~e~ated and maintained by Collier County. Also, the mtreet lighting plan for the PUD shall provide for il at the entrance off of CR 864, The developer shall provide additional right-of-way along Rattlesnake Hammock Road, the determined at the time right-, ~ssued, for turF, ].~ne, bike pat] C. The developer sh,.~il pFc, vide a r ~tersection lighting up to 25 feet of ithe noqth side of exact a~ount to be f-way permits are and dra]nage uses. ght-of-way easement connecting the project's main c, east~.~ard extension of Polly ivenue I llector road to the so that an D0 access can be provided when Santa 5arbara Boulevard is extended. Also, the 100 feet of ?ubl lc Road Access to be dedicoted along the e~s~ proFer~y line shall be for the extension of ~anta ~arbar~ Boule- vard. These improvements are consid~.red "site r~lat~d" ~s defined in Ordinance 85-55 and sh~il not be ~,pp!ied as credits toward any impact fees required by that ordinance. 8. 12 TRAFFIC IMFACT. CONSiDERATION~. A, In the event that the level of ~ervic=. of Rattle- snake Hammock R,:,~,d is char, ged form z, level ,:,f C to a level of ID, the Developer agrees ~,.~ pay the stan- dard impact fees for the remaininq units :tp front. 8.. 13 RIGHT OF WAY OWNERSMIF All roads and rights of ~ay v:ill be .:,%~ned and maintained by the Royal Wood Golf and Country Club Homeowners Associat ion. 8. 14 STREET PAVEbIENT WIDTHS Street pavement widths for Tr~ct~ A,. B, C, D, E and F shall be as approved by the County Engineer on the site alteration plan. All other pavement widths shall be am shown on the attached Exhibit "G", pages 1 and 2. 8. 15 MAINTENANCE OF OPEN AREAS AND COMMON AREAS Maintenance of Tr~,:ts b' and K and any ,>pen ,:,r common areas will be m~int~ined by the d~vel,:,per until the ~p- propiate Home O~ner's Association assumes the main- tenance responsibility as s~t forth in the protective covenants and other related documents. Tracts 51 and N and the ~ater management areas v;il! be maintained by the developer ,Dr other ~nt ity responsible for the main- tenance of the Royal Wood Golf Course until the Master Home Owners' Association assumes the maintenance re- sponsibility of these tracts and ~ater management areas as set forth in the protective covenants and/or other related documents. -25- 4,1 ~oo~ 02'8*,,','-. 6:1. '~I I' J i-t-!,!l J EXHIBIT "C" /,..- IHITAKE~ .:.CAD IS~[ OF CAPRI ~OAO O BARDAHA 8LVD. COUNTRYSIDE PARK FBXFI iii E: AIRPOffT HOAD o ,.! COUhI'TY KINgs LAKE: ROAD RIVIERA BAR Z O I-. 0 __J " i EXHIBIT "E" ROYAL WOOD GOLF COUNTRY CLUB SURVEY MAP S 88 58' 48" E 2661.02 239.84- ACRE S + POB N 89 17" 55" W 2656.46 RATTLESNAKE HAMMOCK C R 864 (' 100' o R O A D ~ECOR. O~' SECTION 17. T 50 $~ R 28 E 0 0 0 0 DATE: TO: FROM: EXHIBIT "II" April 27, 1987 M E M O R A N D U }! Ullllllcs Action In{o. Chcu;a:~ File ,~,~ Name X-RefFile #_ Ant McKtm, Planning Department , No~e..~ Petition R-87-7C, Royal Wood Golf and Countr7 ClqhHiols. We have reviewed the above referenced Petition and have no objection to the rezone as requested. However, we require the following stipulations as a condition to our recommendation for approval: A) Water & Sewer 1) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the ' State of Florida. Water and sewer facilitles constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appro;riate County Ordinances and '.regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be ow~ed, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water ~nd sewer facilities within the project, the facilities will be tested to insure they meet Collier. County's utility construction requirements in effect at the t£me construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned ar privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project, the utility facilities shall be con- veyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 2) Ail construction plans and technical specifications and proposed plats, if applica-ble, for the proposed water distri.bution and sewage collection and transmission facilities must be reviewed and a'pproved by the Utilities Division prior to commencement of construction. .. 3) All customers, connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be 'in a position to provide water end,or sewer service to the project, :he water and/or sewer customers shall be customers of the interim utility established to serve the project urrtil the County's off-site water a~:d/or sewer facilities are availabre to serve the project. To: Ann McKim, ~lanning Department April 27, 1987 ' 4) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and% treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the projegt's wastewater at the time development commences, the Developer, at his :expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. ~ 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proppsed project, stating that: a) The proposed water supply and on-site treatment facilities and/or on-site was~ewater treatment and disposal facilities, if required, are to be construct:ed as part of the proposed project and must be regarded as interim; they shall be constructed to. State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by th~ Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer ~ervice outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facili~ies, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/c~r sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 9C days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, pe.rmitting, modifica- tion or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water hnd/or sewer lines necessary to make the connection(s), etd. To: Ann McKim, ~lanning Department April 27, 1987 ' d) At the time County off-site water and/or sewer facilities are' available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances :and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) Ail water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) M~in sewage lift station and force main inter- connecting with the County .sewer facilities including all utility easements necessary; b) Water distribution facilities 'from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements'necessary. e) The. customers served on an interim basis by the utility system tonstruct~,d by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. To: Ann McKim, Planning Department April 27, 1987 . g) The Developer, his assigns or successors agree to pay all syste~. development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Pe~i~ request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $i0.00 per year, when such system is not connected to the off-site water and/or sewer facilities o~med and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service througi] its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. B) Data required under County Ordinance No. 80-112 showing the avail- ability of sewage service, must be submitted and approved by the Utilities Divisio[{ prior to approval of the construction documents for the projecg. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upen receipt thereof. C) If an interim on-site wa:ur supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D) Construction and o~mership of the water and sewer facilities, including any proposed interim water and/or sewage treatmen~ facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. E) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assdmptions, demand rates and other factors pertinent to the ~ystem under consideration. 72 To: Ann McKim, Planning Department Page 5 April 27, 1987 F) 'The project's Developer(s), his assigns or successors shall conscruc~ and utilize an on-site secondary distribution system for the use of treated sewage effluent within the project limits, for irrigation purposes and potentially for fire flow purposes. The Owner would be responsible for p:roviding all on-site piping and pumping facilities from the County's point of delivery to the project and will provide full wet weather on-site storage facilities, as required by the DER, consistent 'with the volume of treated wastewater to be utilized. Treated effluent will be supplied to the project pursuant to the County's established rate schedule. The secondary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report. The report must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. G) Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the 'County can provide these services through its water and sewer facilities. H) When the Cohnty has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and Qeveloper, with the Developer assuming all costs for the connection work to be performed. I) The Developer shall provide a utility easement to the County Water- Sewer District for a master sewage pump station site ~s described on the attached Exhibit "A". Upon approval of the rezoning Petition for the project, the Developer shall convey the required utility easement to the District and provide all necessary partial releases for encumbrances which exist on the property. The master development plan for the project shall be modified to reflect the.size of the easement indicated in Exhibit "A". J) Section 8.6 of the PUD document shall be revised to make reference to this memorandum, by date, and specify the Petitioner's acceptance of the stipulations contained herein. A revised copy of the PUD document and draft Ordinance for the rezoning approval must b~' submitted to the Utilities Division for review and approval prior to the Petition being considered by the Board of County Commissioners. Attachment · cc: William McAnly, P.E. HOLE. ,'MONTES 8,: ASSOCIATES. INC. Consubing [nl~ineer~ ~ L~nd Sm'veyors }C~A File No. 86.64K 4/15/87 LEGAL DESCRIPTION OF PROPOSED COLLIER COUNTY PUP~ SITE NO. 3.02 A parcel of land located in the Southeast 1/4 of Section 17, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 17, Township 50 South, Range 26 East, Collier County, Florida, the same being a point on the centerline of Rattlesnake Hammock Road (County Road #864), a 100.00 foot right-of-way; thence run H. 89°26'01" ~. along the South line of the Southeast 1/4 of the said Section 17, the same being the center- line of Rattlesnake Hammock Road, for a distance of 205.00 feet; thence run N. 0°04'52'' W., parallel with the East line o~f the South- east 1/4 of the said Section 17 for a distance of. 67.50 feet to the Point of Beginning 3E the parcel of land herein described; thence continue N. 0°04'52'' W., parallel with the East line of the Southeast 1/4 of the said Section 17 for a distance of 145.00 feet; thence run S. 89°26'01'' E., parallel with the South line of the Southeast 1/4 of the said Section 17 for a distance of 105.00 feet; thence run S. 0°04'52'' E., parallel with the East line of the Southeast 1/4 of the said Section 17 for a distance of 145.00 feet; thence run N. 89°26'01'' W., parallel with the South line of the Southeast 1/4 of the said Section 17 for a distance of 105.00 feet to the Point of Beginning, containing 0.3495 acre, more or less. Bearings shown hereon refer to an assumed bearing of N. 89°26'01'' W. along the South line of the Southeast 1/4 of Section 17, Township 50 South, Range 26 East, Collier County, Florida. Subject to easements, reservations or restrictions of record. HOLE, :40?~FES AMD ASSOCIATES, INC.'~ Tho,nas J. Carris P.L.S. ~3741 State of Fla. :-j~ 8 I I dl RI I I I I +1 ,'A #~'~ ?0,00 N ~r,,~ 0 AGREEMENT I, William C. McAnly, as owner or authorized agent for Petition R-87-7C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on August 20, 1987. The proposed development consisting of single and multi-family structures placed in a golf course setting at approzimately 3.33 dwelling units per acre is compatible with densities of previously approved developments in the area. For example, Lely County Club (2.5 du/acre) and mobile home rental park (8 du/acre). Landscape and buffers are proposed along the north and eastern edges of the proposed development to screen it from the adjoining mobile home park to the east and Youth Haven to the north. In addition fairways and open spaces further separate the proposed development from these property lines. In recommending approval of the proposed rezoning request to PUD staff is not aware of any other outstanding issues that nned to brought to the attention of th~fPlanning Commission or Board of ': ''~. ', County Commissioners./~ · · '"'' ' , ',<:' .... ". .~'1." . ,..' ';, PETITIONER OR AGENT REPRESENTATIVE F~R CCPC ; :'""" " OF SWORN TO AND SUBSCRIBED BEFORE ME THIS ~L,~Y'~ ~--C/,.~ . 1987. NOTARY DAY SEAL MY COMMISSION EXPIRES: R-67-7C Agreement Sheet STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-71 which was adopted by the Board of County Commissioners on the 15th day of September, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of September, 1987, JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of Count y~.G~mm i ssioner s --'-~//~' ~_.. Deputy Clerk "t, !