Ordinance 99-80RECEIWd)
Clerk
of Beam
ORDINANCE NO. 99-8 0
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 6932N; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A-MHO" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
HARVEST FOR HUMANITY PUD FOR A PROJECT
CONSISTING OF 110 MIXED RESIDENTIAL DWELLING
UNITS INCLUSIVE OF A DESIGNATED COMMON
AGRICULTURAL USES AREA, AND THE SALE OF
PRODUCTS GROWN ON THE AGRICULTURAL AREA AND
COMPANION OFF-SITE AREA, AND ALLOWANCE FOR
THE PUBLIC TO HARVEST PRODUCTS GROWN ON THE
AGRICULTURALLY DESIGNATED TRACT, LOCATED ON
THE NORTHEAST CORNER OF LAKE TRAFFORD ROAD
(C.R. 890) AND CARSONS ROAD, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 38.4+ ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Rock Aboujaoude of AIM Engineering & Surveying, Inc., representing
Harvest for Humanity, Inc., petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real property located in Se{t, i0n 32',i~ ..... ,:.....
Township 46 South, Range 29 East, Collier County, Florida, is changed from "A-MIZI~'' to,
"PUD" Planned Unit Development in accordance with the Harvest for Humanity p~i:j
~2i "'-t C-rl
Document, attached hereto as Exhibit "A" and incorporated by reference herein. Tl~e (~fficfil
Zoning Atlas Map Number 6932N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly.
.SECTION T.wo;
This Ordinance shall become effective upon filing with the D,~artmont of State.
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this C~x:d day of '~DO. ,1999.
ATTEST:
Approved as to'F@nn,
and' Lega! ,'s uf, fi, .ci, cncy
Marjo{qe M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~
PA
This ordinanCe filed with the
Secretory of State's Office the
and acknowledgement of that
PUD-99-19 ORDINANCE/RN/ts
-2-
Community Development and Environmental Services
Division
Harvest for Humanity
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING HARVEST FOR HUMA.N,.ITY, A
PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLL1ER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
Harvest for Humanity, I.n.c.
BY:
AIM ENGINEERING & SURVEYING, INC.
5300 LEE BOULEVARD
LEHIGH ACRES, FL 33971
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
EXHIBIT "A"
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION !
SECTION II
SECTION Ill
SECTION IV
SECTION V
SECTION VI
SECTION Vll
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT REQUIREMENTS
RESIDENTIAL AREAS TRACT "A"
ACTIVITY/VISITORS' CENTER TRACT "B"
WATER MANAGEMENT/AGRICULTURAL TRACT "C"
CONSERVATION EASEMENT TRACT "D"
DEVELOPMENT COMMITMENTS
PAGE
i
Il-ill
I-1 thru 1-2
2-1 thru 2-5
3-1 thru 3-5
4-1 thru 4-2
5-1 thru 5-2
6-1
7-1 thru 7-5
STATEMENT OF COMPLIANCE
The development of approximately 38.4 acres of property in Collier County, as a Planned Unit Development
to be known as Harvest for Humanity, will be in compliance with the goals, objectives and policies of Collier
County as set forth in the Growth Management Plan. The residential and recreational facilities of Harvest for
Humanity will be consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives of each of the elements of the Growth Management Plan as follows:
The subject property is within the High Residential Land Use Designation as identified on the Future
Land Use Map Immokalee Master Plan as required in Objective I, Policy S. 1 and Policy 5.3 of the
Future Land Use Element.
2. High Residential Districts are the preferred locations for the concentration of residential developments.
The subject property's location in relation to existing or proposed community facilities and services
permits the development's residential density as required in Objective 2 of the Future Land Use
Element.
The project development is compatible and complementary to existing and future surrounding land uses
as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable forthcoming land development
regulations as set forth in Objective 3 of the Future Land Use Element.
o
The project development will result in an efficient and economical extension of community facilities
and services as required in Policies 3. I.H and L of the Future Land Use Element.
°
The project development is planned to incorporate natural systems for water management in accordance
with their natural functions and capabilities as may be required in forthcoming regulations required by
Objective i.5 of the Drainage Sub-Element of the Public Facilities Element.
The projected density of 2.8 dwelling units per acre is in compliance with the Future Land Use Element
of the Growth Management Plan.
The subject tract is located on the northeast comer of the Lake Trafford Road and Carson Road
Intersection. This strategic location allows the site superior access for the placement of a residential
development.
10. The project shall be in compliance with all applicable County regulations including the Growth
Management Plan.
I I. The project will be served by a complet~ range ofse~vicaa nnd utilities aa approved by Collier County.
12. The project is compatible with adjacent land uses through the internnl arrangement of structures, the
placement of land use buffers, and the proposed development standards contained herein.
SECTION !
PROPERTY OWNERSHIP AND DESCRIPTION
I.I
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property to be developed under the project name of
ttarvest tbr Humanity.
1.2 LEGAL DESCRIPTION
The subject property being 38.4 acres, is described as:
Section 32, Township 46 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT
that portion deeded for State or County right-of-way and/or Utility Easements, as appear in those
certain deeds and instruments recorded at Deed Book 21, Page 541. Southwest quarter (SW 1/4)
of the Northwest Quarter CNW 1/4) of Section 32, Township 46 South, Range 29 East, in Collier
County, Florida, LESS approximately 40 feet over the south part of said premises conveyed to
the State of Florida for road purposes and described in Deed Book 2 i, Page 541, Collier County
Records. (See attached Location Map)
1.3 PROPERTY OWNERSHIP
1.4
The subject property is currently under the ownership of Joseph S. Weinfeld, Lester Persky &
Mary E. Persky, 4551 Gulfshore Blvd. N., Apt. 805, Naples, FL 33940 (See Exhibit 7, Warranty
Deed) and is under Contract to Purchase by Harvest for Humanity, Inc.
GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the West ~ of Section 32, Township 46 South, Range 29 East.
The project is located in the northeast comer of Lake Trafford Rd. and Carson Road in
lmmokalee.
B. The current zoning classification of the subject property is A-2(MH) with this request for
rezoning to PUD.
1.5 PHYSICAL DESCRIPTION
The project site lies within the natural drainage basin of Lake Trafford. The natural drainage of
the site is in a southwesterly direction to the southwest comer of the site at the comer of Carson
Road and Lake Trafford Road. The property currently drains to these roadside ditches with
ultimate discharge to Lake Trafford. The application for development approval will include a
detailed analysis of the intended water manngement plan.
Water Management for the proposed project will include the required detention facilities.
Elevations within the project site range from 34 to 36 feet above mean sea level. Further, the
depths to bedrock in the area varies from some four (4) feet to more than twelve (12) feet. The
entire site is in Flood Zone D according to the Firm Map.
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1.6
1.7
The soil types on the site include lmmokalee fine sand (approximately 80 percent), Pomeilo
fine sand (approximately 20 percent). Soil characteristics were derived from the Soil
Survey of Collier County, Florida, issued by the U. S. Department of Agriculture (Soil
Conversation Service) in March, 1954.
PROJECT DESCRIPTION
The project shows unique and innovative design utilizing common open space areas, a
common architectural theme, and a series of interconnecting sidewalks within the
community for the homeowners.
The common architectural theme will be used throughout the development, single family as
well as multi-family, an activity center and visitors' center.
The residential sections will have a centrally located activity center, basketball court,
covered playground, park, gazebos and swimming pool for the recreation of the residents.
In keeping with the Traditional Neighborhood Development (TND) concept, the single
family section of the project will access their property via private garage access easements.
These private garage accesses will be along the rear of the property with direct garage
access. The garages may be attached to the structures and will be positioned abutting the
private garage access edge of pavement. This will create a zero setback on the rear of the
properties. The private garage access will be 28 feet in width. The single-family lots are
conjoined by common sidewalks and open areas along their frontage facing the
pedestrian/open space ways. This will create small block-type neighborhoods in order to
create the "neighborhood" feeling within the project. The internal sidewalks will be four
(4) feet wide, in accordance with Section 3.2.8.4.14 and Appendix B of the Collier County
Land Development Code, and substitute the requirement for sidewalks/bike paths adjacent
to the roadways.
Additional off-street parking will be provided for visitors and guests of the development at
the Activity and Visitors' Centers and in off-road parking areas in the zero lot line Patio
Home area.
The property will have a Homeowners' Association established for all common areas as
well as private roadways, pedestrian/open space ways and private garage access. The
homeowners' association documents will be prepared during the development plan stage of
the project.
Four (4) entrances to the development ar~ proposed, two (2) located on Carson Road and
two (2) on Lake Trafford Road. All four (4) roadways will be dedicated to the County for
maintenance. These four (4) roadways will be utilized by residents and their visitors,
visitors to the u-pick farm and visitors' center, observers to the conservation area ns well as
persons interested in information regarding the TND concept of development.
This Ordinance shall be known and cited as the "Harvest for Humanity Planned Unit
Development Ordinance,"
1-2
2.1
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the tracts
included in the project, as well as other project relationships.
2.2 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of Harvest for Humanity shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other applicable
sections and pans of the Collier County Land Development Code and Growth Management
Plan in effect at the time of building permit application. Where these regulations fail to
provide developmental standards then the provisions of the most similar district in the
County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in Collier County Land Development Code in effect at the time of building permit
application.
All conditions imposed and all graphic material presented depicting restrictions for the
development of Harvest for Humanity shall become part of the regulations which govern the
manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD the provisions of any other sections of the
Land Development Code, where applicable, remain in full force and effect with respect to
the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities at the earliest or
next to occur of either final SDP approval, final plat approval, or building permit issuance
application to this development.
The Site Development Plan Division of the Collier County Land Development Code (Article
3, Division 3.3} shall apply to the Harvest for Humanity PUD except where a deviation is set
forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4.
2.3 DESCRIPTION QF PRoJE.CT PLAN AND PROpOSED ].,AND US]~S
The project Master Plan, including un of land for the various tracts, is iljustrated graphically by
Exhibit "A," PUD Master Development Plan. There shall be four (4) land uae tracts, including a
single and multi-family residential area, an activity/visitors' center area, necessary water
management lake and agricultural u-pick area, and a conservation easement area.
2-1
TYPE
TRACT 'A'
TRACT'B'
TRACT 'C'
TRACT'D'
Residential Single Family
& Multi-Family
ActivityNisitors Center
Water Management & Agricultural Area
Conservation Easement
ACREAGE
20.7 ACRES
i.2 ACRES
5.._ki ACRES
!1.4 ACRES
38.4. ACRES
Ao
Minor modification to all tracts, lakes or other internal boundaries may be permitted at the
time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the
provisions of Sections 3.2.6 and 2.7.3.5 of the Collier County Land Development Code or
as otherwise permitted by this PUD document.
In addition to the various areas and specific items shown in Exhibit 'A,' such easements as
necessary (utility, private, semi-public, etc.) shall be established within or along the
various Tracts as may be necessary during the Site Development Plan approval stage.
Standards for roads shall be in compliance with the applicable provision of Collier County
Land Development Code regulating subdivisions, unless otherwise modified, waived or
excepted by this PUD or approved during Preliminary Subdivision Plat'approval. The
Developer reserves the right to request substitutions to Code design standards in
accordance with Article 3, Division 3.2, Section 3.2.7.2 and 3.2.8.4.16.5 of the Collier
County Land Development Code. The developer also reserves the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate by the Developer on
ali privately owned and maintained project roadways.
Do
Lake setback requirements may be reduced pursuant to Article 3, Division 3.5, Section
3.5.7.1 of the Collier County Land Development Code.
Utilization of lands within public rights-of-way for landscaping, decorative entrance ways,
and signage may be allowed subject to review and administrative approval by the
Developer and Collier County Development Services Director for engineering and safety
considerations during the development review process and prior to any installations.
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Section 2.7.3.5 of the Collier County Land Development Code. Minor
Changes and refinements ns described in Section 7 of this PUD document may be made in
connection with any type of development or permit application required by the Collier
County Land Development Code,
2-2
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The gross project area is 38.4 acres allowing for 494 total dwelling units or 13 dwelling units per
acre. The Developer is proposing a maximum of 110 residential dwelling units or 2.8 dwelling
units per acre, single and multi-family, to be constructed in the total project area.
A common architectural theme is proposed throughout the project including single-family, multi-
family, activities/visitors' center which allows for additional reductions in the development
standards in accordance with Section 2.6.27.4.6 of the Collier County Land Development Code.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to recording a Plat for all or part of the PUD, final plans on all required improvements
shall receive approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting
laws of the State of Florida.
Exhibit 'A,' PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be
submitted for the entire area covered by the PUD Master Plan. Any division of property and
the development of the land shall be in compliance with Division 3.2 of the Collier County
Land Development Code, and the platting laws of the State of Florida.
Co
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as provided
in said Division prior to the issuance of a building permit or other development order.
The development of any tract or parcel approved for residential development contemplating
fee simple ownership of land for each dwelling unit shall be required to submit and receive
approval ora Preliminary Subdivision Plat in conformance with the requirements in Division
3.2 of the Collier County Land Development Code prior to the submittal of construction
plans and a final plat for any portion of the tract or parcel.
Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and method for providing perpetual maintenance of common
facilities.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes, sales centers, mobile units and other uses and structures related to the promotion
and sale of real estate such as, but not limited to pavilions, viewing platforms, gazebos, parking
areas, tents and signs shall be permitted principal uses throughout the Harvest for Humanity PUD
subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6. of the Collier County Land
Development Code. Model homes shall be permitted in conjunction with the promotion of the
Harvest for Humanity development.
2.7 ENTRANCEWAY
The proposed development will have a signature entranceway identifying a common architectural
theme development in accordance with Section 2.6.27.4.6.2. of the Collier County Land
Development Code.
2-3
2.8 LANDSCA.PE BUFFERS, FENCES AND WALLS
Landscape buffers, fences and walls are generally permitted as a principal use throughout the
Harvest for Humanity development. The following standards shall apply:
A. Fences or walls shall be maximum six feet (6') in height as measured from finished grade of
the ground at the base of the fence or wall.
Landscape buffers, fences and walls may be constructed along the perimeter of the Harvest
for Humanity PUD boundary prior to preliminary subdivision plat and site development ptan
submittal. All such areas must be included in a landscape easement on final plats or in a
separate recorded instrument.
C. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be
allowed in landscape buffers.
D. No landscape buffer shall be required between the Conservation Easement southern
boundary and the development area.
Landscaping buffers along the western property line shall be ten (10) feet in keeping with the
reduced buffer for the open area within the Water Management/Agricultural Area and no
required buffer for the Conservation Area along the western property line.
2.9 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
A homeowners' association shall be established for the project with documents being provided
during the development approval process. The homeowners' association documents shall be in
compliance with the Collier County Land Development Code, Section 2.2.20.3.8.
2.10 REQUIRED ENVIRONMENTAL PERMITS
Where the development of land within this Planned Unit Development requires a permit from a
local, state or Federal Agency with jurisdiction over the property (regulating agency) proposed
for development, then the Developer shall obtain such permits as may be required prior to the
commencement of construction or alteration of the land specifically requiring such permit.
Where such regulating agency issues a permit, Collier County shall not impose conditions,
exactions or modifications that are in conflict with or exceed the requirements of the issued
permit, provided that Collier County may impose conditions that exceed and are not in conflict
with the issued permit if Collier County's regulatory jurisdiction, as provided in the Collier
County Growth Management Plan and Land Development Code, exceeds that of the other
regulating agencies. In such a case, Collier County's environmental permitting guidelines and
requirements shall control relative to the specific County permit only.
Construction approvals from Collier County may be phased to allow construction of portions of a
particular use that do not impact lands which require an environmental permit, provided that such
environmental permits have been applied for and are being processed by the appropriate
agencies.
2-4
2.11 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Harvest for Humanity
PUD. General permitted uses are those uses which generally serve the Developer and residents
of Harvest for Humanity and are typically part of the common infrastructure or are considered
community facilities.
2.12 OPEN SPACE REQUIREMENTS
The PUD Master Plan identifies approximately 19-~: acres included in the open space,
conservation easement area, water management and agricultural areas and miscellaneous open
space/buffer designations.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
2.14
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier
County Growth Management Plan, 25% of the viable naturally functioning native vegetation on
site shall be retained. This requirement is fully satisfied within the conservation easement area
and no further preservation is required.
SIGNAGE
All County sign regulations in force at the time of approval of this PUD rezoning action
shall apply unless such regulations are in conflict with the conditions set forth in this
Section, in which case the PUD document shall govern.
Boundary marker monuments containing project identification signs designed to promote
the project or any major use within the project shall be permitted along the project
boundaries on Carson Road and Lake Trafford Road. V-type boundary marker
monuments shall be permitted only at intersections.
Eight (8) boundary marker monuments are proposed on-site. The Developer reserves the
right to place more monument markers as deemed necessary by the Professional Land
Surveyor. Boundary marker monuments may not exceed twelve (12) feet above the crown
of the road. Lighting may be utilized provided all lights are directed toward the sign and
are shielded.
The size, dimensions and placement of boundary marker monuments and signs shall be in
accordance with thc Collier County Land Development Code.
2-5
3.1
SECTION III
RESIDENTIAL AREAS PLAN
TRACT "A"
PURPOSE
The purpose of this section is to identify specific development standards for the areas designated
on Exhibit 'A' as Tract A, High Density Residential according to the Collier County Future Land
Use Plan Map for lmmokalee.
3.2 MAXIMUM DWELLING UNITS
The gross project area is 38.4 acres allowing for 494 total dwelling units or 13 dwelling units per
acre. The Developer is proposing ! 10 residential dwelling units or 2.8 dwelling units per acre,
single and multi-family to be constructed in the total project area.
3.3 GENERAL DESCRIPTION
Areas designated as Tract "A" on the Master Plan are designed to accommodate a full range of
residential dwelling types, compatible non-residential uses, a full range of recreation and
facilities, and customary accessory uses.
The approximate acreage of the Tract "A" district is 20.7 acres. This acreage is based on
conceptual designs and is approximate. Actual acreages of ali development tracts will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in
accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County
Land Development Code. Residential tracts are designed to accommodate internal roadways,
open spaces, recreation and water facilities, utilities and other similar uses found in residential
areas.
3.4 PERMITTED USES AND STRUCTURES
The cjustering or grouping of housing structure types identified in this document may be
permitted on parcels of land under unified ownership, or as may be otherwise provided in Section
2.6.27 of the Collier County Land Development Code, and subject further to the provisions of
Division 3.3 of the Collier County Land Development Code and Table lofthis document.
No building or structure or part thereof, shall be emoted, altered or used, in whole or part, for
other than the following:
A. Principal Uses for Residential Structures:
I. Single-family detached zero lot line patio home dwellings
2, Single-family detached villas dwellings
3. Single-family attached duplex dwellings
4. Single-family attached townhouse dwellings
5. Multi-family apartment dwellings
6. Any other principal use which is compatible in nature with the aforementioned uses
and which the Development Services Director determines to be compatible in Tract
3-1
B. Definition of Residential Structures
1. .Set. backs are measured from lot lines, tract boundaries, public or private streets or private
garage access.
2. Open space area means development adjacent to lakes, conservation areas, parks, or
agricultural areas.
Detached Zero Lot Line Patio Homes: Detached single family dwelling structures on
individually platted lots which provide a side yard on one side of the dwelling and no yard
on the other. The front yard of the dwelling will face the living court and front along the
common walkway in the living court. The rear yard of the dwelling abuts the private garage
access easement.
4. Detached Villa Homes: Detached single-family dwelling structures utilizing traditional
placement of dwellings.
At~ached Single Family Townhouse: A group of three or more dwelling units attached to
each other by a common wall or roof wherein each unit has direct exterior access and no unit
is located above another, and each unit is completely separated from any other(s) by a rated
firewall or a fire and sound resistant enclosed separation or space, and wherein each
dwelling unit may or may not be on a separate lot under separate ownership.
Attached Single Family Duplex: A single, freestanding, conventional building on a single
lot, which contains only two dwelling units and is intended, designed, used and occupied as
a two-dwelling unit under single ownership, or where each dwelling unit is separately owned
or leased but the lot is held under common ownership.
Multiple Family: A group of three or more dwelling units within a single conventional
building, attached side by side, or one above another, or both, and wherein each dwelling
unit may be individually owned or leased initially on land which is under common or single
ownership.
o
Cjustered Housing: A compact arrangement of dwelling units which allows for reductions
in the standard lot requirements of the applicable zoning district, with the difference between
the reduced lot size and the standard lot requirement being placed in common open space.
C. Accessory Uses:
I. Accessory uses and structures, customarily associated with principal uses in this tract,
include but are not limited to private garages.
o
Recreational uses and facilities may include but are not limited to a swimming pool,
basketball court, children's playground area, common open areas, and gazebos, such uses
shall bc visually and functionally compatible with the adjacent residences whose occupants
will have the use of such facilities.
3. Storage Buildings
4. Any other accessory use which is comparable in nature with the aforementioned uses and
which the Development Services Director determines to be compatible in Tract "A".
3-2
3.5 DEVELOPMENT STANDARDS AND DEVIATIONS (See Table I)
A. General: All criteria listed below shall be understood to be in relation to respective
residential boundary lines or platted parcel boundaries.
B. Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Collier
County Land Development Code in effect at the time of building permit application.
Standards for parking, landscaping, signs and other land uses, where such standards are not
specified herein or within adopted Harvest for Humanity design guidelines and standards, are
to be in accordance with the Collier County Land Development Code in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards, heights, and
floor area standards apply to principal structures.
Development standards for uses not specifically set forth in Table i shall be established
during Site Development Plan approval as set forth in Article 3, Division 3.3 of the Land
Development Code in accordance with the standards of the zoning district which is most
similar to the proposed use.
In the case of residential structures with a common architectural theme, required property
development regulations may be waived or reduced provided a site plan is approved by the
Collier County Planning Commission in accordance with Article 2, Division 2.6, Section
2.6.27.4.6 of the Collier County Land Development Code.
Off street parking required for multi-family uses shall be accessed by parking aisles or
driveways, which are separate from any roads that serve the development exceeding 96 units.
Visitors and over-flow parking for the zero-lot line patio homes will be provided at off-
street parking areas as well as along the public roadway within the development as
designated. The homeowners' association documents will establish parking criteria and will
be in accordance with the Collier County Land Development Code.
Single family zero lot line dwellings are identified separately from villa homes, Single
family detached dwellings with conventional side yards will distinguish these types for the
purpose of applying development standards under Table 1. Zero lot line patio dwellings
shall be defined as any type of detached single family structure employing a zero or reduced
side yard as set forth herein, and which conform to requirements of Collier County Land
Development Code Article 2, Division 2.6, Subsection 2.6.27.
Ho
Pedesn'ian/open space ways will be located in an easement in the front of each Patio Home.
Where homes front a pedestrian/open space way, property lines will be centered on the way
with a sidewalk meandering through the way.
Private garage access will be in an easement at the rear line of the Patio Homes: Property
lines for each zero lot line patio home shall be determined from the centerline of the private
garage access. Garages shall be positioned along the edge of the private garage access
pavement.
Private roadway widths may be determined on a case-by-case basis in a~cordanco with
Section 3.2.7.2 of the Collier County Land Development Code. Right.of-way widths may
also be reduced in accordance with Section 3.2.8.4.16.5 of the Collier County Land
Development Code.
3-3
K. Yard Setbacks
Front yard setbacks shall be measured as follows:
a.) If the parcel is served by a platted, public right-of-way, the setback shall be
measured from the adjacent right-of-way line.
b.) If the parcel is served by a non-platted private living court easement, the setback
shall be measured from the center of the court at the lot line.
Rear yard setbacks shall be measured as follows:
If the parcel is served by a non-platted private garage access, setback is measured from the
edge of pavement.
Side yard setbacks shall be measured as follows:
Zero lot linc patio homes shall be a minimum often (10) feet on one side and zero on the
other. Where the zero lot line homes abut the lot line, the adjacent home will be set back a
distance often (10) feet from the lot line. For side yard setbacks for the single-family
villa homes and multi-family dwellings, see Table 1.
L. Accessory Buildings and Use Area Relationships
Recreational land uses under patios, porches and screened-in structures may be considered
acceptable up to the lot line under appropriate conditions.
Development Standards for residential Areas are designated on Table 1.
3.6 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
Excavation of earthen material and stockpiling it to construct the water management facilities or to
otherwise develop water bodies is hereby permitted. If after fill activities on buildable portions of the
project there is a surplus of earthen material, then off-site disposal is also hereby permitted in
accordance with Division 3.5 of the Collier County Land Development Code.
3-4
Table I
RESIDENTIAL DEVELOPMENT STANDARDS AND DEVIATIONS
Detached Attached Attached
Detached Single Single Single Multi-
Single Family Family Family Family
Family Zero Lot Duplex Townhouse Apartments
Villas Line
Patio Homes
Minimum Lot Area 3,000 3,000 (per unit) 3,000 N/A
Minimum Lot Width 40 40 60 75 N/A
Front Yard Setback 10 l 0 ! 0 l 0 ! 0
Rear yard Setback 10 l0 10 10 l0
(Principal)
Rear Yard Setback 3 0 3 3 3
(Accessory)
Side Yard Setback 5 0 & 10' 10 10 l0
Maximum Height 35 35 35 35 50
Minimum Floor Area 1200 900 800 800 800
Minimum Distance 15 l 0 10 ! 0 15
Between Principal
Structures
Notes:
13 *The side yard setback shall be zero feet (0') or a minimum of five feet (5') on either side except
where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten
foot (10') yard. Zero foot (0') yards may be used on either side of a structure provided that the
opposite ten foot (10') yard is provided, patios, porches, pools and screen enclosures may
encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is
granted fi.om the adjoining dwelling unit owner. Where this option is used, a conceptual site plan
for ali lots platted for patio and zero lot line shall be submitted to the Building Department with
the application for rite first building permit. This plan will be used to determine the 10 foot
spacin8 requirement between structures.
2.) The rear of Zero Lot Line Patio Home buildings face the private garage access easement.
3.) Section 2.6.27 Cjuster Development in the Collier County Land Development Code was utilized.
In accordance with Section 2.6.27.4.6, a common architectural theme will be utilized, allowing
for further reductions in the minimum lot area, lot width, yards and common open space areas.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot
area, shall define the development standards to be applied by the Customer Services Department
during an application for a building permit. For all zero lot line units, a conceptual exhibit
showing typical building configurations shall be submitted to the Customer Services Department
with the application for the first building permit. The conceptual exhibit may be modified as
needed.
4.) All distances are in feet unless otherwise noted.
3-5
4.1 PURPOSE
SECTION IV
ACTIVITYNISITORS' CENTER
TRACT "B"
The purpose of this section is to identify permitted uses and development standards for the areas within
Harvest for Humanity designated on the Master Plan as Tract "B".
4.2 GENERAL DESCRIPTION
The area designated as Tract "B" on the Master Plan is designed to accommodate services, offices,
retail and customary accessory uses.
The approximate acreage of the Tract "B" area is 1.2 acres. This acreage is based on conceptual design
and is approximate. Actual acreages of all development tracts will be provided at the time of Site
Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3,
and Division 3.2 respectively, of the Collier County Land Development Code. The Activity/Visitors'
Center tract is designed to accommodate open spaces, utilities, water facilities, gazebo, offices, a Collier
Cotmty PoLling Place, retail sales, and other similar uses found in Activity/Visitors' Center areas.
4.3 PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part,
for other than the following:
A. Permitted Principal Uses at the Activity/Visitors' Center:
Welcome/Greeting Area at Main Entrance
a.) Greeting tourists to Harvest Blueberry U-Pick
b.) Information dissemination on Harvest for Humanity, Inc., Traditional Neighborhood
Design Concepts, Harvest Cooperative Farm, Harvest Landscaping, and the Harvest
Blueberry Store.
c.) Gathering area for Harvest neighborhood and community residents.
d.) Computer access with interact capability for use by Harvest neighborhood residents.
Harvest Blueberry Store, Inc.
Sale of U-pick blueberries during harvest season, fresh-baked blueberry products prepared on
site, and blueberry related items such as books, stationary, coffee mugs, and T-shirts.
3. Dining/Multi-Purpose Room
a.) Harvest neighborhood resident meals during the week
b.) Saturday night/special occasion meals
c.) Sunday morning worship services
d.) Adult education classes for Harvest neighborhood and community residents
e.) Youth after school structured education activities for Harvest neighborhood and
community residents.
4. Fully Equipped Kitchen
a.) Preparation of retail baked goods for Blueberry store
b.) Preparation of occasional meals
4-1
5. Children's Room
A separate room for pre-school activities and possible daycare by established
organization.
6. Property Manager's Office
7. Harvest for Humanity, Inc. offices and Conference Room
8. Harvest Landscaping, Inc. office
Accessory uses and structures customarily associated with principal uses permitted in this
district.
1. Collier County Voter Polling Place (optional)
2. Gazebo/Band Shell
3. Any other accessory use which is comparable in nature with the foregoing uses and which
the Development Services Director determines to be compatible in the Tract "B" area.
4.4 DEVELOPMENT STANDARDS AND DEVIATIONS
Minimum Yard Requirements:
Front Yard: Twenty five (25) feet or one-half the building height, whichever is greater.
Side Yard: Fifteen (15) feet
Rear Yard: Fifteen (15) feet
B. Exterior lighting shall be arranged in a manner, which will protect roadways and residential
properties from direct glare or unreasonable interference.
C. Maximum height of structures - FIR3' (50) feet
D. Minimum distance between all other principal structures - Fifteen (15) feet
E. Minimum distance between all other accessory structures - Ten (10) feet
F. Minimum Floor Area - Seven hundred (700) square feet gross floor area on the ground floor
(3. Minimum lot or parcel area - Ten thousand (10,000) square feet
H. Minimum lot width - Seventy-five (75) feet
Standards for parking, landscaping, signs and other land uses, where such standards are not
specified herein or within adopted Harvest for Humanity design guidelines and standards, are
to be in accordance with the Collier County Land Development Code in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards, heights and
floor area standards apply to principal structures.
4-2
5.1
SECTION V
WATER MANAGEMENT/AGRICULTURAL AREA
TRACT "C"
PURPOSE
The purpose of this Section is to set forth the development plan standards for the area(s) designed
as Tract "C," Water Management/Agricultural Area Tract on the PUD Master Development Plan,
Exhibit "A." The primary function and purpose of this tract will be to provide aesthetically
pleasing open areas, water impoundment and principal or accessory use areas. Ail natural trees
and other vegetation as practicable shall be protected and preserved.
5.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for other than the following:
Principal Uses and Structures:
1. Water Management Detention Area
2. Agricultural Site - U-Pick Area
Accessory Uses and Structures:
1. Sidewalks
2. Gazebos
3. Storage building
4. Utilities, drainage facilities, lighting, parking facilities
5. Signage
6. Landscaping, landscape buffers, fences and walls, open spaces
5.3 DEVELOPMENT REGULATIONS
Buildings shall be set back a minimum of twenty (20) feet abutting residential districts and
a landscaped and maintained buffer shall be provided. Setback from the pond to the road
right of way will be twenty five (25) feet.
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
A site development plan meeting all of the Development Regulntions shall be required in
accordance with Section 2.5 of this PUD document.
Do
MAXIMUM HEIGHT
1. Principal Structure - 35 feet.
2. Accessory Structure - 35 feet.
E. MINIMUM OFF-STREET PARKING AND LOADING
Off-street parking for the water management/agricultural nrea parcels will be provided by
off street parking areas. Visitor loading and unloading areas will be avaiinble adjacent to
the roadways. No commercial loading areas are proposed at this time,
5-1
F. AGRICULTURAL U-PICK AREA
The agricultural site U-pick area will be utilized by residents of the community as
well as visitors to the community. The visitors may purchase products from the
agricultural field.
2. Irrigation and drainage systems will be provided per Section 7.7 and 7.8 of this
PUD Document.
5-2
6.1
6.2
SECTION VI
CONSERVATION EASEMENT AREA
TRACT "D"
PURPOSE
The purpose of this section is to identify specific development standards for the areas
designated on Exhibit "A" as Tract "D."
DEVELOPMENT REGULATIONS
Development regulations for Tract "D" are established in the recorded Conservation Easement
documents for the property (Exhibit 1). Specifically, the Conservation Easement states that
there will be no constructing or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures of any kind whatsoever on or above the ground of the
Property. Ali regulations as established in the Conservation Easement will be adhered to during
permitting and construction of the Harvest for Humanity development.
6-1
SECTION VII
DEVELOPMENT COMMITMENTS
7.1
7.2
7.3
PURPOSE
The purpose of this Section is to set forth the development commitments of Harvest for
Humanity for the development of the project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans, Final
Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to
this PUD, except where specifically noted or stated otherwise. The standards and specifications
of Division 3.2 of the Land Development Code shall apply to this project.
The developer, his successor or assignee shall agree to follow the Master Plan and the
regulations of this PUD as adopted and any other conditions or modifications as may be agreed
to in the rezoning of the property. Any successor or assignee to the Developer is bound by the
commitments within this PUD.
PUD MASTER PLAN
Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature.
Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed
to be final and may be varied at any subsequent approval phase such as final platting or site
development plan application. Subject to the provisions of Section 2.7.3.5 or'he Land
Development Code, amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the project
during site development plan approval.
The Development Services Director shall be authorized to approve minor changes and
refinements to the Harvest for Humanity Master Plan upon written request of the Developer.
Ao
The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County Growth
Management Plan and the Harvest for Humanity PUD Document.
2. The minor change or refinement shall not constitute a substantial changelpureunnt to
Article 2, Division 2.7, Subsection 2.7.3.$. 1 of the Collier County Land Development
Code.
The minor change or refinement shall be compatible with adjacent land uses and shall
not create detrimental impacts to abutting land uses, water management facilities, and
Conservation areas within or external to the PUD.
7-1
7.4
7.5
7.6
B. The following shall be considered minor changes or refinements, subject to the limitations of
PUD, Section 5.3.A.:
I. Reconfiguration of water management facilities where such changes are consistent with the
criteria of the South Florida Water Management District and Collier County.
2. Internal realignment of rights-of-way.
3. Reconfiguration of residential parcels when there is no encroachment into the Conservation
Easement Area.
Minor changes and refinements as described above shall be reviewed by appropriate Collier
County staffto ensure that said changes and refinements are otherwise in compliance with all
applicable County Ordinances and regulations in effect prior to the Development Services
Director's consideration for approval.
Do
Approval by the Development Services Director of a minor change or refinement may occur
independently from and prior to any application for Subdivision or Site Development Plan
approval; however, such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other necessary
County permits and approvals.
MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County
Land Development Code.
SUNSETTING PROVISION
All PUDs shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code.
TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. Private garage access lanes rights-of-way widths shall be 28 feet. Private streets rights -of-way
will be 28 feet.
Four (4) foot wide sidewalks will be constructed on interior areas of lots and interconnected
between residences within the single-family lots. The interior and interconnecting sidewalks
will be constructed in lieu of roadway, adjacent sidewalk/bike paths.
Co
Payment of Road Impact Fees, unless waived, shall be in accordance with the applicable
Ordinance, as amended, with the stipulation that payment shall occur at the time of building
permit issuance or in accordance with the requirements of the Collier County Land
Development Code, Division 3.15, Adequate Public Facilities.
Internal access between the Harvest for Humanity Activity/Visitors* Center and the Harvest for
Humanity community shall be designed in a manner that provides for vehicular, pedestrian, and
bicycle access to the Harvest for Humanity Activity/Visitors' Center uses without requiring
residents of Harvest for Humanity to exit the community.
7-2
7.7
WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by lhe following
conditions:
Roadside and interior lot grassed swales are to be used to convey water within the project
to the onsite detention area. Interior lot swales will convey drainage to rear private garage
access with inverted pavement to connect to the roadside, grassed swales. Ultimate
discharge for the project conforms to the water management requirements for Collier
County.
B. A copy of a South Florida Water Management District (SFWMD) permit or Early Work
permit is required prior to construction plan approval.
C. The rate of post-development stormwater discharge into Lake Trafford will be determined
by the SFWMD during the surface water management permitting process.
7.8
UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. In Tract "A," utility easements will be located along the front yards of the zero lot line patio
homes. Villa homes and multi-family dwellings will have typical utility easement placings.
Temporary construction and/or sales trailers may use septic tanks or holding tanks for
waste disposal subject to permitting under F,A.C. 10D-6, and may use potable or irrigation
wells.
C. The project will be served by central potable water distribution, fire protection and sewage
collection facilities.
D. Irrigation water will be provided with a separate distribution system supplied by onsite
wells, reclaimed water or other non-potable water source.
Eo
Water distribution, sewage collection and transmission facilities to serve the project are to
be designed, constructed, conveyed, owned and maintained in accordance with lmmokalee
Water and Sewer District criteria.
Fo
Harvest for Humanity will be responsible for installing potable water and irrigation water
service connections to distribution mains. Use of the services will be approved on final
inspection and acceptance by Collier County. All customers connectin8 to the water
distribution and sewage collection facilities to be constructed will be customers of the
lmmokalee Water and Sewer District.
The on-site water distribution system serving the project must be connected to the
Immokalee Water and Sewer District water main available and adjacent to the project
boundaries.
The project Developer(s), his assigns or successors, may negotiate an agreement with the
lmmokalee Water and Sewer District for the use or'treated sewage effluent within the
project limits for irrigation purposes. The Developer is responsible for providing all on-site
piping and pumping facilities fi-om the District's point ofdelive~ to the project. The
Developer will negotiate to provide full or partial on-site storage facilities as required by
the Florida Department of Environmental Protection (FDEP) consistent with the volume of
treated wastewater to be utilized.
7-3
A written statement has been obtained from lmmokalee Water and Sewer District slating there
are adequate facilities and capacities to serve the project.
Within the Harvest for Humanity landscaping, sidewalks/paths will be allowed within utility
easements including placement within three (3) feet ora utility line. Canopy trees may be
located seven (7) feet from the utility line, being measured from the trunk of the tree to the
centerline of the utility line. Reconstruction of sidewalk/pathways or modification/re-installation
of plant materials due to necessary maintenance of utility lines will be the responsibility, of the
Developer, its successors or assigns.
The lmmokalee Water and Sewer District shall allow the installation of potable water and
irrigation water service connections to distribution mains during construction of the utilities. The
installation will be scheduled upon request of payment of fees and will be paid by the Developer,
its successors or assigns. The installation will be in accordance with the approved plans and
specifications and performed by the Developer's contractor. Fees will be determined by the
current ordinance in effect at the time of the request for connections. Reimbursement of
connection fees will be rebated to the Developer annually based on meter installations.
7.9
ENGINEERING
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
Ao
The buffering along the western property line shall be reduced to ten feet at the multi-family
section to create a consistent buffering along the western property line. Portions of the western
property line will be have a ten (10) foot buffer by utilizing the water management and
agricultural areas as part of the buffer. The northwestern, northern and northeastern portions of
the site require no buffer due to the conservation easement. No buffer is provided along private
garage access. Private garage access will have garages situated at the edge of the pavement.
B. Grassed swales will be utilized in lieu of curb and gutter systems in keeping with the non-
partitioned approach to the development.
C. Four (4) foot sidewalks will be constructed within the development.
D. Four (4) entrances will be constructed for the development. Eight (8) entrance/development
identification signs will be placed near the entrances.
7.10 ENVIRONMENTAL.
The development of this PUD Master Plnn shall be subject to nnd governed by the following
conditions:
The Conservation Easement conditions for the easement, as set forth in the recorded
Conservation Easement, will be adhered to for the development. The Conservntion Easement
language shall be added to the homeowners' documents and shall be referenced on the final Site
Development Plan/Plat and Construction Plnns.
In accordance with Policy 7.3.5. of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, gopher tortoises shall be relocated to Tract D,
Conservation Easement Area.
7-4
~[MMIE C. BE'VIS
Prin:ed Name of Winness
%$icness
:--LDRIDA GAME AND .;-R.ESH UATE~ FiSH
CO~[IS SI ON
By:
Colonel Robert M. Bran~ly / ..,
Executive Director
620 South .Meridian Street
Tallahassee, Florida 32399-1600
Prlnned Name of Winn~s$
STATE OF FLORIDA
COUNTY OF LEON
who [ ] has produced driver's license ~
identification and who did take an oath.
The foregoing insnrumen: was acknowledEed before me :hit ~/ day of
Game/~nd fresh Uauer Fish Commission, ~ho [ ] is personally known uo me or
Noukry Public
Printed Name of Nouary
'Serial No. (i~ a~pli:able)
~y Commiaai~
BO~_RD OF COLLIE][ C0l]h-fY CO~L~IS$IONEP. S
COLLIF/{CO~NTY, z-LORIDA
Naples, FL 33962
CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EAS~ is made this ~ ay of
~.~u~-~ , 1992, by and between JOSEPH S. WEINFELD FAMILY
TRUST, LEST~-'R PERSKY, and MARY E. PERSKY, husband and wife,
(hereinafter "Grantor") and
FLORIDA GAME AND FRESHWATER FISH
CO.~M. ISSION (hereinafter "Grantee" ).
WHERF~, Grmntor is the owner of certain real prope~y located
in Collier Co~n=y, more particularly described in Ey~ibit "A"
attached hereto and incorporated herein (hereinafter referred to as
the "Property"), and -.
WHEREAS, the Property is presently unimproved and includes
lands or water areas predominantly in T_heir natural, scenic, open
or wooded condition, and
WHEREAS, ~h~ Grantor desires to perpetuate the Property in its
natural s=a~e =o be preserved as suitable habitat for fish,'plants
and wildlife consistent wi~h T, he philosophies embzeaced in Section
704.06, Florida S~a=u=es, dealing with Conserve=ion EasemenTs and
in accordance with=he provisions of =he Trafford Highland Es=a=es
Long-Term Management Guidelines, Exhibit "B", at=ached hereto and
incorporated herein. ..
NOW, ~P~E, in recognition of the foregoing, the Grantor
does hereby grant =o T~he Grantee a perpetual easemen~ across the
Property.
1
S¢oDe of Easement
The purpose of this easement is to preserve and conserve
the present natural, scenic, open or wooded condition as
a suitable habitat for endemic plants, trees, aquatic.
fauna, and wildlife.
Grantor and Grantee
following a~iwities:
b)
c)
d)
e)
f)
shall be prohibited from the
Constructing or placing of buildings, roads, signs,
billboards or other advertising, utilities or other
s~ruc=ures of any kind whatsoever on or above the
~round or the ProperTy.
Dumping or placing of soil or other substance
whatsoever or dumping or placing of ~rash, waste or
unsightly or offensive materials .
Removal or destruction of trees, shrubs, or other
vegetation.
Ex. tara=ion, dredging or removal of loam, pea=,
gravel, soil, rock or other material subs=ante in
~uch manner as to affect the surface. ..
Surface use except for purposes T. ha= pe~i= T, he
land or wa=er area =o remain predominantly in
natural condition.
Activities detrimental =o drainage, wa=er
management, water conservation, wa=er quality,
erosion control, soil conservation or fish or
wildlife habitat prese-~vation-
2
g)
h)
i)
k)
1)
m)
n)
o)
Acts or uses detrimental to such retention of land
or water areas.
Feeding by humans of the Florida scrub jay, unless
occurring as -~he result of placement of typica%..
bird feeders/stations ~it_hin residents yard~.
Feeders within the easement designated area.
Off-road type vehicles. Only one vehicular access
roadway is allowed into =he easement area and this
is to be used solely to allow access by authorized
equipment related to fire control, safety, or
approved monitoring or management activities. The
farm gate will remain closed and locked and secure
at all other times.
Hunting a~ivities.
Roaming of house cats or dogs unattended or
unleashed.
Dumping, stock-piling, excavation or burying of any
l~wn, ho~icultural or building material-refuse.
Mowing, pruning, . ~rimming or other types of
al~era~ion
allowed or approved by =he Florida Game an~ Fresh
Wa~er Fish Commission
supervision of a
biologist\eoologis~ who
an~ under ~he direc~
qualified wildlife
is responsible for
implementation of ~he management program.
Removing of acorns from any. scrub oak within
3
p) Planting of slash pine, long-leafed pine, or liv~
oak an.vwhere within 660 feet of the easement area
boundary.
Remedies
In r_he event of violation of any covenant contained in
~his easement, the Grantee shall be entitled to pursue
all available legal and equitable remedies, including
injunction.
~aintenaDce
Grantor shall maintain t-he easement area in all respects.
Ass~.~nment. Successors and Assians
It is expressly understood that the Grantee's interest
herein shall shor~!y be assigned'to a local governmental
agency which will acquire all of Grantee's right title
and interest hereunder.
it is expressly agreed T~hat Grantee may, in iX sole
discretion, transfer this easement to anothe~ state or
or =rus= dedica=ed =o the conserva=ion and preserva=~on
of land in its natural sta=e.
4
.':-:
IN WITNESS W~OF, the undersigned does execu=e.this Grant of
Conserva=ion Easement on the date first above written.
GRANTOR:
Witness
No.
~i~ne~s No. 2
JOSEPH S. WEINFEI~ FAMILY TRUST
He,rein ~einfel{,
witness' No. 2
JOSEPH S. WEINFELD FAMILY TRUST
By:
George.,_/x//~Seltz?j,_~&~C%-~steeA(
Hel~n-We~eld b~ pOwe~ of
A~~ey ~ated J~u~ 21,
1992 w~ch
Power of A~o~ey ham not
e~ired or ~en revoked.
Wi~ness No~ 1 z] /?-¢~ - Lester Pers.k-y' ~ ---
Witness No. 2 HelenWeinfeld b ~ower o~
A~orney ~ated~ay 30, 1991
which Power of Attorney has not
expired or been revoked
Witness No. 2
Mary :E, Persky J _ ,, I! I/
Helen~ Weinfeld by ~ower of
Attorney dated ~ay 30, 1991
which Power of Attorney has not
expired or been revoked
5
Witness No. 1
Witness No. 2
FLORIDA GAKE & FRESHWATER FISH
COM~ISSION, office of Environmental
Services
By:
Bradley J. Hartman, Director
STATE OF FLORIDA )
COUNTY OF Co[[~c~ )
The foregoing ins=rument was acknowledged before me this ~J~t
day of ~-C~~ , 1992 by HELEN WEINFELD, CO-TRUSTEE, who is
Notary Public
Printed Name of Notary
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF Co t I ~,.,- )
The fo__regof~g instrument was acknowledged before ~e ~h. is ~!~+
day of ~~$~ , 1992 by HF. LEN WEINFELD, under P~wer oz
--~-ne" da=ed ' ~ -~-~. ~1 , 1992, on behalf of GEORGE SELTZEr,
No~a ublic
-Printed Name Of Notary
/
6
STATE OF FLORIDA )
COUNTY OF ~ 1% ~ ~-" )
The foregoing instrument was acknowledged before me ~_his
day of ~~ , 1992 by H~EN WEINFELD, under Power
Atto~ey da=ed May 30, 1991, on behalf of LEST~ P~S~, who is
personally kno~ to me and ~ho did ~ake mn~Dath. ,~
Printed N~me of Notary
My Co~ission E~ires:
STATE OF FLORIDA )
COUNTY OF ~klt=~ )
The foregoing instrument was acknowledged before me this
day of ~~W , 1992 by HELEN WEINFELD, under Power of
Attorney dated Ma~ 30, 1991, on behalf of F2%RY E. PERSKY, who is
personally known to me and who did take aD. oath.~
No~a~ P~ic
Printed Name of Notary
My Co~ission E~ires: .
STATE OF FLORIDA"
COUNTY OF
~l~e foregoing ins=rumen= was acknowledged before me ~hi~
day of , 1992 by BRADLZY J. HARTMAN, as Dire~-~or of
~he Office of ~--'nvironmen=al Servi=es, FLORIDA GAME ARD
FISH COMMISSION, who is personally known to me an~ ~ho di~ take an
oath.
Notary Public
Printed Name of Notary
My Commission Expires:
7
Ek~IIB IT "A"
DESCRIPTION OF A CONSERVATION F. AS~ PARCFI. IN THE
SOITiSUWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 46
SOU~/"6, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32, RUN
NORTH 00'-55'-50" WEST 1330.58 FEET ALONG ~ WEST LINE OF
SAID SECTION AND THE CENTERLINE OF CARSON ROAD; ~CE NORTH
89'-17'-21" EAST 30.00 FEET-TO THE EAST RIGHT-OF-WAY LIN~ OF
CARSON ROAD AND THE POINT OF BEGINNING; ~NCE CONTINUE
NORTH 89'-17'-21" EAST 1298.70 FEET ALONG THE NORTH LINE OF
THE SOUT}gWEST 1/4 OF Ti.~E NORT~rIWEST 1/4 OF SAID SECTION;
THENCE SOUTH 00'-51'-16" EAST 494.78 FEET ALONG TH~ EAST LINE
OF THE SAID SOITI~IWEST 1/4 OF THE NORTHWEST 1/4; THENCE SOUTH
89'-17'-21" WEST 645.00 FEET; THENCE NORTH 00'-51'-16" WF. ST
220.14 FEET; THENCE SOI3TH 89'-17'-21" WEST 653.29 FEET ~0 T~
EAST RIGHT-OF-WAY LINE OF CARSON ROAD; THENCE NORTH 00°-55'-
50" WEST 274.64 FEET ALONG THE SAID EAST RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING.
CONTAINING 11.45 ACRES ~ORE OR LESS.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I DWIGHT E BROCK, Clerk of Courts in and for the ~
Twentieth Judicial Circuit, Collier County, Florida, do h~byi~
certify that the foregoing is a true copy of:
ORDINANCE NO. 99-80
Which was adopted by the Board of County Commissioners on
the 23rd day of November, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd day of
November, 1999.
DWIGHT E. BRO~K ."
By: Karen Schoch/ . ......'
Deputy Clerk