Ordinance 87-07787- 77 ....
AR 0RDINA~C£ AKZND;NC ORDINANCE 82-2 THE COH-
PREHENSIVE ZONINC ~TIONS FO~ ~E ~INCO~-
PO~T~ ~ OF COLLI~ ~, ~ORIDA BY
~ING
~GING ~g ZONING ~SSIFICATION OF ~E H~IN
DESCRIB~ ~ PROP~ ~ A-2 ~ P~ TO
"~" P~ ~IT D~~ ~0~ AS A~ON
CO~ ~ FOR 728 ~S~L ~TS,
SPACE, ~ ~OPER~ ~A~ ON ~ ~ST SIDE
OF
U.S. 41 ~ING ~S~ A~OSS V~E~ILT
B~ DRI~ ~ LI~E HI~OR~ BA~ IN SECTIONS
5,7,8
~760 AC~S T~ ~ PRYING ~ E~IVE
DATE ·
I~L~EAS, George L. Varuadoe, representing Audubon of Naplea
Corporation, petitioned the Board of County Commissioners to change
the Zoning Classification of the herein described real propertyl
NO~, THEREFORE BE IT ORDAINED by the Board of County
Co~miselon~rs of Collier County, Florida:
The Zoning Classification of the herein described real property
located in Sections $,7,8 and 9, Township 18 South, Range 25 East,
Collier County, Florida ia changed from A-2 and I~D to "PUD" Planned
Unit Develolment in accordance with ~he PUD document attached hereto
es Exhibit "l" which ia inco~porated herein and by reference ~ade
part hereof. The 0[[icial Zoning Atlas Hap Number 18-25-3, aa
described in Ordinance 82-2, ia hereby ~m~nded accordingly.
SECTION ~:
This Ordinance shall become effective upon receipt of notice
that is has been filed with the Secretat-] of S=ate.
DATE: October 6, 1987
BOARD OF COUNT~ COBHISSIONERS
R-87-12C Audubon PUD Ordinance
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
AUDUBON COUNTRY CLUB
A PLANNED RESIDENTIAL COMMUNITY
PREPARED
GEORGE L. VARNADOE, ESQUIRE
Young, van Assenderp, Varnadoe & Benton, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 33963
(813) 597-2814
Date Filed= April 10; lg87
Date Amended: ~ePt'
CCPC Approval Date:
Bce Approval Date:
Ordinance No: ~g.,,.?~,.,
AUDUBON COUNTRY CLUB PLANNING TEAH
PLANNERS
MOZLEY COMPANY, INC.
Suite 1212 Rhodes-Raverty Building
134 Peachtreet Street, Atlanta, Georgia
303O3
Marketing and Economic Consultant
RUSS ~OBBS
390 Broad Avenue, Sou%h, Naples, Florida 33940
Consulting Engineer and Land Surveyors
HOLE MONTES & ASSOCIATES
715 Tenth Street South, Naples, Florida 33940
Ecoloqist
EEVIN ERWIN
2077 Bayside Parkway, Fort Myers, Florida
33901
Leqal Counsel
GEORGE Lo VARNADOE, ESQUIRE
YOUNG, VAN ASSENDERP, VARNADOE & BENTON, P.A.
801 Laurel Oak Drive, Suite 300, Naples, Florida 33963
INDEX
STATEMENT OF COMPLIANCE & SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTIOM VII
SECTION VIII
SECTION IX
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
PROJECT DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL (R-J)
VILLAS (R-2)
MULTI-FAmILY RESIDENTIAL (R-3)
COMME.CIAL RETAIL CENTER (CE)
GOLF COURSE & COUNTRY CLUB (GC)
OPEN SPACE/CONSERVATION (OS/C)
GENERAL DEVELOPMENT COMMITMENTS
PAGE
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
LIST OF EXHIBITS
MASTER DEVELOPMENT PLAN
Legal Description
Typical Street Right of Way and Road Cross
Section
Northwest Road Crossing Section
Emergency. Access
ii
STATEMENT OF COMPLIANCE
The development of approximately TkO acres of property in
Sections 5,7,8, and 9, Township 48 South, Range 25 East, Collier
County, Florida, as a Planned Unit Development to be known as
Audubon Country Club, will be in compliance with the planning
goals and objectives of Coilier County as set forth in the
Comprehensive Plan. The residential and commercial development
and associated recreational facilitie~ (multi-use) of Audubon
.Country Club will be consistent with the growth policies, land
development regulations and applicable Comprehensive Plan
documents for the following reasons:
1)
The subject property has the necessary r~ting points
to determine availability of adequate community
facilities and services.
2) The project development is compatible
complementary to the surroundin~ land uses.
with and
3) Improvements are planned to be in substantial compliance
with applicable regulations.
4) The Master Development Plan insures a generous amount of
common open space and flexibility in design which will
insure a quality living environment for the residents.
5) The project development will result in an efficient and
economical extension of community facilities and
services.
6) The project development is planned to incorporate natur-
al systems and existing man-made systems for water
management in accordance with their natural functions
and capabilities.
7) Arterial roadways are in existence adjacent to the
property and the number of egress and ingress points are
controlled.
The development areas will be separated from the en-
vironmentally sensitive areas (including the xeric scrub
areas) and the environmentally sensitive acres are bein~
protected and/or preserved.
9) The project is surrounded by developed areas or approved
development projects and therefor does not exemplify
leap frog growth.
$~ORT TITLE
This ordinance shall be known and cited as "Audubon Country Club
PUD Ordinance."
iii
176
1.01
1.02
1.03
1.04
1.05
SECTION I
PROPERTY O~ERSHIP & GENERAL DESCRIPTION
INTRODUCTION AND PURPOSE
It is the intent of the Owner (hereinafter called
"developer") to establish and develop a Planned Unit
Development (PUD) on approximately 760 acres of property
located in Collier County, Florida. It is generally
bordered on the west by Little gickory Bay and on the east
by U.S. Highway 41. The northern boundary of the property
is Bonita Shores Subdivision and Lee County. The southern
edge of the property is bounded by Bay Forest and The
Retreat Developments. It is the purpose of this document
to provide the required standards and to set forth
guidelines for the future development of the property.
NAME - The PUD development
Country Club.
shall he known as Audubon
LEGAL DESCRIPTION
See Attached Exhibit
TITLE TO PROPERTY
Subject properties ace currently under ownership and the
unified control of Audubon of Naples Corporation.
CURRENT ZONING
That part of the property lying and being west of
Vanderbilt Drive is currently zoned PUD (Audubon Country
Club) and consists of a86 acres, 675 dwelling units, 15.3
acres of commercial, and a golf course. That portion of
the property between U.S. Highway 41 and xtanderbilt Drive
is currently zoned
1-1
SECTIOn! II
PROJECT DE~ELOPM ENT
2.01 PURPOSE
The purpose of this Section is to generally describe the
plan of development and delineate the General conditions
that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Audubon Country Club is a planned community, which includes
a mixture of residential and commercial uses, golf course,
open space/parks and conservation areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is planned to be in compliance with the
applicable Collier County zoning and subdivision
regulations as well as other Collier County development
codes in effect at the time permits or plats are requested,
except as provided herein.
2.04 LAND USE
2.04.01
The MASTER DEVELOPMENT PLANS (Exhibit A and R) show
proposed land uses of development for-each parcel. Some
variations in acreages shall be permitted at final design
to accommodate vegetation, encroachments, utilities,
topography, site and market conditions. In addition,
variations of up to five percent (5%) of the developable
area shall be permitted to accommodate changes required by
environmental permitting agencies county staff site plan
approval.
2.04.02
Plan "A" depicts the Master Development plan for which
environmental permits have been applied and which focuses
on preservation of the wetlands communities. Plan
depicts a change in the Master Plan to protect more xeric
live oak habitat while permitting encroachment into some
freshwater wetlands in order to protect said xeric oak
habitat. Developer agrees to attempt to modify its en-
vironmental permits to allow the construction of Plan'"B#.
If Plan "B" cannot be environmentally permitted through
2-1
reasonable efforts [n a reasonable time, Developer may
construct accord£ng to Plan "A".
2.05 SITE PLAN APPROVAL
When site plan approval is required by this document,
applican~ shall comply With Section 10.5 of the Zoning
Ordinance or successor regulations dealing with site
development plan approval.
2.06 FRACTIONALIZATION OF TRACTS
A)
When the developer sells an entire Tract or a building
parcel (fraction of a Tract) to a subsequen~ owner, 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 owner of
such property, a boundary drawing showing the tract and
the building parcel therein (when applicable) and the
square footage assigned to the property. The drawing
shall also show the location and size of access to
those fractional parts that do not abut a public
street. An updated Master Plan showing the fractional
parcel also shall be submitted.
s)
In the event any tract or building parcel is sold by
any subsequent owner, as identified in Section 2.06 A)
in fractional parts to other parties.for development,
the subsequent owner shall.provide to the Zoning
Director for approval, prior to development of the
tract by the developer or prior to the sale to a
subsequent owner of a fractional part, a boundary
drawing showing his originally purchased tract or
building parcel and the fractional parts therein and
. the square footage assigned to each of the fractional
parts. The drawing shall also show the location and
size of access to those fractional parts that do not
abut a public street. An updated Master Plan showing
the fractional parcel also shall be submitted.
C) The 'developer of any tract must submit a Conceptual
Site Plan for the entire tract in accordance with
Section of this document prior to Final Site
Development Plan submittal for any portion of that
tract. The developer may choose not to submit a
Conceptual Site Plan for the entire tract if a Final
Site Plan is submitted and approved for the entire
tract.
?he 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 development plan for
his tract or parcel in conformance with the Zoning
Ordinance requirements for site development plan
approval. This plan shall be in compliance with any
approved Conceptual Site Plan as well as all criteria
within this document.
In evaluating the fractlonalization plans, the Zoning
Director's decision for approval or denial shall be
based on compliance'with the criteria and the
development intent as set forth in this document,
conformance with allowable amount of building square
footage and the reasonable accessibility of the
fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
If approval or denial is not' issued within twenty
working days, the submission shall be considered
automatically approved.
PUD Conceptual Site ~lan Approval Process
When PUD Conceptual site plan approval is desired or required by
this document, the following procedure shall be followed~
A written request for conceptual site plan approval
shall be submitted to the Director for approval.
The request shall include materials necessary to de-
monstrate 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,
but is not limited to, the following, where applica-
ble:
Site plans at an appropriate scale showing pro-
posed placement of structures on the property;
provisions for ingress and egress, off-street
loading areas; yards and other open spaces.
2. Plans showing proposed locations for utilities
hookup.
3. Plans for screening and buffering.
In the case of cjustered buildings, required property
development regulations may be waived or reduced
vided a site plan is approved under this section.
c)
A fee consistent with the current fee schedule for
County Site Development Plan approval shall accompany
the application, unless a specific fee for Conceptual
Site Plan Review is adopted.
D)
If approval or denial is not issued within twenty (20)
working days, the submission shall be considered auto-
matically approved.
2-3
Site Develo~ent Plan Approval Process
Site Development Plan approval, when desired or requested by this
document, shall follow the procedure as outlined in the Zoning
'Ordinance.
2-3(a}
PLAN A
LAND USE SCHEDULE
LAND USE TYPE
APPROXIMATE
ACREAGE
MAXIMUM NO. OF
DWELLING UNITS
RESIDENTIAL
R-1 (Single-Famiiy)
R-2 (Villas)
R-3 (Multi-Family)
76.6 148
84.9 280
27.9 300
COMMERCIAL
CR Retail 12.4
124,000 Sq. ft.
of floor area
All acreages are approximate and may vary significantly to
accommodate site conditions, environmental permits, topography
and existing native vegetation.
2-4
PLAN B
LAND USE SCHEDULE
LAND USE TYPE
RESIDENTIAL
R-1 (Single-Family}
R-2 (Villas}
R-3 (Multi-Family}
APPROXIMATE
ACREAGE
77.6
84.9
27.9
MAXIMUM NO. OF
DWELLING UNITS
148
280
300
~ ' COMMERCIAL
~' CR Retail
12.4
124,000 sq. ft.
of floor area
All acreages are approximate and may vary significantly to
accommodate site conditions, environmental permits, topography
and existing native vegetation.
2-5
2.07 PROJECT DENSITY
The total acreage of Audubon Country Club's property is
approximately 760 acres. The maximum number of dwellin~
units to be built on the total acreage is 728° The
development of 728 dwelling units would result in a gross
density of less than one unit per acre (.96 dwelling units
per acre). The density on individual parcels of land
throuqhout the project may vary according to the type of
housing placed on each parcel of land.
2.08 PERMITTED VARIATIONS OF DWELLING UNITS
Flexibility is to be allowed as to the number of units on
any parcel with a district, provided the maximum number of
residential units for that district is not exceeded and the
development standards contained in this PUD are not
exceeded. Further, the Zoning Director may allow up to a
fifteen percent (15%) variance in any residential district,
so long as the total does not exceed 728.
2.09 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities, and other purposes as may be needed. Said
easements and improvements shall be done in substantial
compliance with the Collier County Subdivision
Regulations.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial compli-
ance with applicable regulations in effect at the time
approvals are requested.
2.10 PERMITTED USES, GENERAL
Developer's landscaping nursery, essential services; model
homes, sales centers, signs, temporary development/con-
struction offices and other similar and compatible uses as
may be approved by the Zoning Director, along with their
accessory uses, shall be considered as permitted principal
uses on all tracts and land use classifications within the
project.
2.11. SIGNS
2.11.01
GENERAL
(a) A~I County sign regulations shall apply
unless such regulations are in conflict
with the conditions set forth in this
section.
2-6
2.11.02
2.11.03
(b)
rot the purpose of this PUD Document/
Ordinance, each fractionalized 'parcel
shall be considered a separate parcel of
land and shall be entitled to any sign as
permitted herein.
(c) All signs shall be located so as not to
cause sight distance problems.
ENTRANCE SIGNS
(a) Two (2) entrance signs shall be permitted
at each entrance shown on the Master
Development Plan.
(b)
Entrance signs shall not exceed a height
of twelve (12) feet above the finished
ground level of the sign site nor may the
aaqreqate area of the signs face exceed
one hundred ({00) square feet at each
major entrance.
(c) Entrance signs may be lighted, provided
all lights are shielded in a manner which
prevents direct glare into the vision of
drivers using the adjacent streets or into
~dJacent residences.
PROJECT SIGNS
(a)
Four project signs, designed to promote
Audubon Country .Club, or any major use
within the project shall be permitted, two
on the west side of U.S. Highway 41, 'and
one each on the east and west sides of
Vanderbilt Beach Drive subject to the
following conditions:
Project signs shall not exceed a
height of twenty (20) feet above the
finished ground level of the sign
site nor may the overall area of the
sign face exceed one hundred (100)
sauare feet.
(ii) Project signs may be liohted,
provided ali lights are shielded in a
manner which prevents direct glare
into the vision of drivers using the
, adjacent streets or into adjacent
residences.
2-7
,oo 028- , .185
2.11~04
Buffers and ~xte=nal Fences
(a)
The east-west cul-de-sac road which
borders and parallels the Bonita Shores
Subdivision on the northern boundary of
the project, west of Vanderbilt Beach
Drive, shall be set back a minimum of 35
feet from the property line as a buffer
area, which shall be subject to the re-
quirements of R.3~'b., c. and d. of the
Zoning Ordinance. This buffer area may
also be utilized for sub-surface
utilities, provided agreement for such use
is reached between the Developer and
County and an easement granted.
(b)
The cul-de-sac road which parallels and
orders the southern boundary of the pro-
· Ject between U.S. 41 and Vanderbilt Beach
Drive shall be set back a minimum of 25
feet.from the property boundary.
3.01
3.02
3.03
SECTION III
SINGLE-FAMILY RESIDENTIAL (R-l)
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas and district designated as Single-Family
Residential
MAXIMUM DWELLING UNITS
A maximum number of 148 dwelling units may be constructed
in all of the Single-Fam£1y Residential parcels except as
permitted by Section 2.08.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erect-
ed, altered, or used, or land or water used, in whole or in
part, for other than the following:
A)
Permitted Principal U~es..and Structures
1) Single Family detached type dwelling structures.
2) Public and private parks, playgrounds, playfields
and commonly owned open space.
Permitted Principal Uses and Structures Requirin~
Spec£'fic Site Approval A.cco.~di~ t° S~ction"~.05
Single Family attached type dwelling structures
(villas, cjuster and group housing, townhouses,
patio homes, zero lot-line units, and other similar'
single family attached or semi-attached dwellings),
pursuant to development regulations in Section IV.
2} Recreational structures, community buildings, util-
ity structures.
3) Development, management, construction and sales -
offices.
C) Permitted Accessory Uses and Structures
1)
Customary accessory uses and structures, including
but not limited to private garages and private
swimming poo~s, and essential services and related
structures. Model fiomes shall be permitted in
accordance with the provisions of the Zoning
Ordinance ....
3-1
.7,
3.04
3.05
2)
Model homes shall be perm/tied in conjunction with
the nromotion of the development as provided in the
Zoninq Ordinance.
PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES
3.04.01 GENERAL:
All yards, set-backs, e. tc., shall he applied
relation to the individual lot boundaries.
in
3~.04.02 MINIMUM LOT AREA AND DIMENSIONS:
Area:
Frontage:
10,000 Square Feet
95 Feet Interior r~ts
105 Feet Corner Lots
80 Feet Cul-de-sac and odd
shaped lots (measured at
the front yard setback
line).
3.04.03
MINIMUM SETBACKS:
Front:
Side:
Rear:
25 Feet
7.5 Feet One Story
10 Feet Two Story
25 Feet
3.04.04 MAXIMUM BUILDING HEIGHT:
Principal Structures: 2 Livina stories plus roof
structure over parking
Accessory Structures: 20 Feet
3.04.05 MINIMUM FLOOR AREA:
a. 1,500 sq. ft.
PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED
,REQUIRING, PLAN APPRO%/AL (section 3.-0~T"-
USES
3.05.01 GENERAL: All yards, setbacks, etc. shall be
applied in relation to parcel boundaries.
3.05.02 MINIMUM PARCEL AREA & DIMENSIONS
As determined by Fractionalization according to
Section 2.06.
3-2
3.06
3.05.03
MINIMUM LOT AREA & DIMENSIONS
Area=
Minimum Parcel Dimension
Along Any Primary Side:
1,500 Square Feet
50 Feet
3.05.04 MINIMUM SETBACKS
To Principal Uses Along Any
Roadway Right-of-Way=
To Principal Uses From Adjacent
Development Parcels
To Principal Uses Open Space
Or Recreational Areas:
To Accessory Uses, Typical=
To Fencing, Screening And Privacy
Wall Not Exceeding 6' High:
To Preserve Areas:
25 Feet
10 Feet
10 Feet
5 Feet
None
20 Feet
3.05.05 MAXIMUM BUILDING HEIGHT:
Principal Structures:
2 Living stories plus
roof structure over
parking
Accessory Structures: 20
3.05.06 MINIMUM FLOOR AREA:
1500 Square Feet
OFF-STREET PARKING
Those principal use structures which are identified in
Section 3.03A shall contain a minimum of two (2) spaces per
dwelling unit. The Zoning Director may permit a lesser.
number of parking spaces to be paved when circumstances
indicate infrequent use. Rowever, those unpaved spaces
shall be grassed and reserved for future paving.
3-3
VIbLAS {R-2)
4.01
PURPOSE
The purpose of this Section is to set forth the regulations
for th~ areas an~ district designated as villas.
4.02
MAXIMUM DWELLING UNITS
A maximum number of 28~ dwelling units may be constructed
in all of the Multi-Family ~esidential parcels except as
permitted by Section 2.08.
4.03 PERMITTED USES AND STRUCTURES
No building or structure, or 'part thereof, shall be erect-
ed, altered, or used, or land or water used, in whole or in
part, for other than the following:
A) Permitted Principal-Uses and Structures
1)
Single Family attached type dwelling units (villas,
cjuster and group housing, townhouses, patio homes,
zero Iot-line units, and other similar single
family attached or semi-attached dwellings.
2)
All permitted principal uses and structures allowed
by Section 3.03A of this document.
n)
Permitted Principal Uses and Structures. Requiring
Specific Site Plan Approval According to Section 2.05
Any permitted structure exceeding the maximum building
height allowed by Section 4.fl4.04 of this document, but
not exceeding three (3) habitable/living stories above
parking.
C) Permitted Accessory Uses .and Structures
1)
All permitted accessory uses and structures allowed
by Section 3.03C of this document.
2)
Private boat docks with or without boat hoists on
water front lots not protruding more than five
feet into the water.
4.04' PROPERTY DEVELOPMENT PEGULATIONS
4.04.01
General: ,All yards, set-backs, etc., shall be
applied in relation to the individual parcel
~boundaries.
4-1
4.05
4.04.02 MINIMUM PARCEL AREA AND DIMENSIONS
As determined by fractionalization according to Section
2.06
MINIMUM LOT SIZE AREA AND DIMENSIONS
Area:
Minimum Parcel Dimension
along any primary side:
1,5Q0 square feet
50 feet
4.04.03
MINIMUM SETBACKS TO PARCEL BOUNDARIES:
To Principal Uses along any
Public Roadway Right-of-ways
To Principal Uses Adjacent
Development Parcels:
To Principal Uses Open Space
or Recreational Areas:
To Accessory Uses, Typical:
To Fencing, Screening and Privacy
Wall not exceeding 6' high:
To Preserve Areas:
25 feet
10 feet
10 feet
5 feet
None
20 feet
4.04.04 MAXIMUM BUILDING HEIGHT:
PRINCIPAL STRUCTURE:
Two (2) habitable/living stories
above parking unless otherwise
approved under Section 4.03B2.
ACCESSORY STRUCTURE: 25 feet
~04..05 MINIMUM FLOOR AREA: 750 Square Feet
OFF-STREET PARKING
Those principal use structures which are identified
Section 4.03A shall contain a minimum of two {2) parking
spaces per dwelling unit. The Zoning Director may permit a
lesser number of parking spaces to be paved when
circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
4-2
5.01
5.02
5.03
SECTION V
MULTI-FAMILY RESIDENTIAL (R-3)
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas and district de§ignated as Multi-Family
Residential (R-3) on the Master Development Plan.
MAXIMUM DWELLING UNITS
A maximum number of 300 dwelling units may be constructed
in the R-3 Multi-Family Residential parcels, except as
permitted by Section 2.08.
PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Multi-family dwellings, which is defined as any
single structure containing two (2) or more
separate.dwelling units.
2) All permitted principal uses an~ structures allowed
by Section 4.03 of this document.
B) Permitted principal Uses and Structures Requiring
.Specific Site Plan Approval Accordi"hg to Section 2.05
1)
Any permitted structure exceeding the maximum
building height allowed by Section 5.04.04 of this
document but not exceeding 20 habitable/living
stories above parking.
2)
All permitted principal uses an~ structures allowed
by Section 3.N3 of this documents.
3) Churches and other places of worship including
convents and monasteries.
4)
Rest homes, homes for the aged, life-care and
limited care facilities, and like, subject to the
property development regulations of 5.05.
C) Permitted Accessory Uses and Structures
All permitted accessory uses and structures allowed by
Section 3.03C of. this document.
5-I
5;n4
5.05
5.06
PROPERTY DEVELOPMENT REGULATIONS
5.04.01 GENERAL=
5.04.02
All yards, set-backs, etc., shall'be
applied in relation to the individual'
parcel boundaries.
MINIMUM PARCEL AREA AND DIMENSIONS
Area: 1 acre
Frontage= 150 feet
B) MINIMUM LOT SIZE
None
5,04.03
5.04.04
MINIMUM SETBACKS TO PARCEL BOUNDARIES
One-half of principal building heiaht with a
minimum of=
Front= 30 feet
Side: 15 feet
Rear: 30 feet
5.04.05 MINIMUM FLOOR ~REA:
PROPERTY DEVELOPMENT REGULATION
FOR'USES UNDER 5.03 8)3) and 4) ONLY=
MAXIMUM BUILDING HEIGHT
Six (6) habitable/living stories above parking
unless otherwise approved under Section 5.03B)20
750 sguare feet
5~05.01
A) MINIMUM AREA AND DIMENSIONS
Area: 2 acres
Frontage= 150 feet
5.05.02
5.05.03
SETBACKS TO PARCEL BOUNDARIES
One half of principal building height with the
same minimums as 5.04.03.
REIGHT: as specified by Section 5.04.04.
OFF-STREET PARKING
Those principal use structures which are identified in
Section 5.03A shall contain a minimum of two (2) parking
spaces per dwelling unit. The Zoning DirectoK_may permit a
lessee numbec of parktnq spaces bo he hayed when
ctccumstances tndicate infcequent use. Bowever, those
unpaved spaces shall he qcassed and cesecued for future
paving.
5-3
194
6.01
6.02
SECTION VI
COHMERCIAL RBTAZ£ CENTER (CR)
PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on Exhibit "A", Master Development
Plan, as the Commercial Retail Center (CR).
PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the folIowing:
A) Permitted Uses
1. Antique shops
~. Appliance stores
3. Art studios
4. Art supply shops
5. Automobile parts stores
fi. Automobile service stations
7. Bakery shops
8. Banks and financial institutions
9. Barber and beauty shops
10. Bath supply stores
11. Bicycle sales and services
12. Blueprint shops
13. Book stores
14. Carpet sales - not including storage or
installation
15. Child care center subject to site p~an approval
16. Clothing stores
17. Cocktail lounges
18. Commercial recreation uses
19. Commercial schools
20. Confectionery and candy stores
21. Delicatessens
22. Department stores
23. Drapery shops
24. Drug stores
25. Dry cleaning shops
26. Dry goods stores
27. Florist shops .
2R. Furniture stores
2q. Garden supply stores - outside display in rear
3N. Gift shops ,
.03
Glass and mirror sales - not including installation
32. ~ourmet shop
33. Rardware stores
34. ~ealth food stores and health facilities
35. Hobby supply stores
Ice cream stores
37.' Interior decorating showrooms and office
38.
39.
40.
.41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
5R.
59.
60.
61.
62.
64.
65.
66.
67.
68.
69.
Jewelry stores
Laundries
Liquor stores
Locksmith
~edical clinics and offices
Millinery shops
Music stores ·
News stores
Office supply stores
Paint and wallpaper stores
Pet shops and supDlies
Photographic eguipment stores
Post office
Printing, publishing and mimeograph service
Private clubs, fraternal and social
Radio and television sales and service
Restaurants
Shoe sales and repairs
Shopping centers
Souvenir stores
Stationary stores
Supermarkets and meat markets (not to exceed
25,000 square feet)
Tailor shops
Tile sales - ceramic tile.
Tobacco shops
Toy shops
Tropical fish stores
Variety stores
Veterinary offices & clinics (no outside kenneling)
Watch and precision instrument repair shops
Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be
compatible in the district.
Water management facilities, parks, essential
services, and preservation areas.
B. Permitted Accessory [1ses and Structures
Accessory uses and structures customarily associated
with the uses permitted in this district.
#
MINIMUM YARD REQUIREME.~TS
Buildings shall be set back a minimum of 35 feet from
all coadways and 50 feet from boundaries with
6-2
.O4
6.05
6.06
6.07
6.08
6.09
residential Daccels. There sba1! be no required setback
from boundaries from open space conservation areas. A
landscape buffer area oE at least ten (10) feet shall be
maintained between parking areas and any roadways or
residential parcels and shall comply with Section 8.37
of the Zoning Ordinance.
BUILDING SEPARATION
All buildings shall he separated twenty (20) feet or
one-half (1/2) the sum of their heiohts whichever is
greater except that in the case of cjustered buildings
with a common architectural theme these distances may be
less, provided that a site plan is approved by the
Director.
MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES
One thousand (1,000) square feet per building on the
ground floor except that free standing specialty
structures of nationally recognized standard size less
than one thousand (1',000) square feet shall be permitted
when site plan approval has been received.
MAXIMUM HEIGHT
Thirty five (35) feet above finished grade of lot.
MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
MINIMUM LANDSCAPIMG REQUIREMENTS
As required by the Zonino Ordinance of Collier County.
SIGNAGE~
A. Wall and Marque? Si$ns
One wall or marquee sign per business with an area
not exceedin~ fifteen percent (15%) of the total
sauare footage of the front wall to which it is to
be affixed, with a maximum of one hundred
square feet.
B. On-Premises $iqn~
One on-premise sign not to exceed fifty (50) square
feet for free standing businesses with one hundred
fifty (150} feet or more of footage not to exceed
twenty (20) feet in height.
6-3
028 197
C. Directory or Entrance S,[pn
A maximum of 250 square feet.
FRACTIONALIZATION
Prior to fractionalization or development of any
commercial tract, a general site plan shall be approved
as follows and in accordance with Section 10.5 of the
Zoning Ordinance~
A written request for site plan approval shall be
submitted to the Zoning Director for approval or denial.
The request shall include materials necessary to
demonstrate that the approval of the site pkan will be
in harmony with the intent and purpose of this document.
Such material shall include the following, where
applicable:
A)
Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions
for ingress and egress, offstreet parking and
offstreet loading areas, yards and other open
spaces.
B) Plans showing proposed, locations for utilities
hook-up.
C) Plans for screening and buffering.
D) Plans for proposed signs and.lighting.
In the case of cjustered buildings and/or zero lot
line with common architectural theme, required
property development regulations may be waived or
reduced provided a site plan is approved under this.
section.
If approval or denial is not issued within ten (10)
working days of submission, the submission shall be
considered automatically approved.
SPECIAL PROPERTY DEVELOPMENT REGULATIONS
A)
Landscaping, buffer areas and supplementary
district zoning regulations that may be applicable
to certain uses above shall be adhered to unless in
conflict with any of the intent or the provisions
specified herein.
c)
Merchandise storage and display. Unless specifi-
cally permitted for a given use, outside storage or
display of merchandise is prohibited.
Automobile Service Stations shall comply with the
standards of Section 9.8 ~f the Zoning Ordinance.
~INXMUM LANDSCAPE ,RE0~IREMENTS
The project shall comply with the Collier County
landscape ordinance in effect at the time a permit is
requested or required.
FOOTAGE
Co~ercial development shall nbt exceed one hundred
twenty-four thousand (124,000) square feet of floor area.
6-5
7.01
7.02
SECTION VII
GOLF COURSE & COUNTRY CLUB (GC)
PURPOSE
The purpose of this Section is to.set forth the regulations
for the areas designated as Golf Course.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
A) Permitted Principal Uses And Structures
Golf Course
B) Permitted Accesso.r¥'Uses and Structures
1)
Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2)
3)
Small commercial establishments, incIudinq gift
shops, golf equipment sales, restaurants, cocktail
lounaes, and similar uses, intended to exclusively
serve patrons of the golf course and other
permitted recreational facilities.
Multiple tennis courts, Shuffleboard courts,
swimming pools, and other types of facilities
intended for outdoor recreation common to a country
club.
4)
Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including but not limited to utility structures,
water management facilities, maintenance shops and
equipment storage facilities, non-commercial plant
nursery, etc.
Polling places in accordance with Section 9.11 of
the Zoning Ordinance.
7-1
C!
Plan A~proval Requirements
A site plan of the golf clubhouse area shall he
submitted in accordance with Section 2.05 of this
document. ?he perimeter boundaries of such plans shall
be recorded in the same manner as a subdivision plat.
7.03 PROPERTY DEVELOPMENT REGULATIONS
7.03.01 General Requirements:
A) Overall site design shall be harmonious in
terms of landscaping, enclosure of structures,
location of access streets and parking areas
and location and treatment of buffer areas.
Buildings shall be set back a minimum of fifty
(50) feet from abutting residential districts
and the setback area shall be appropriately
landscaped and maintained to act as a buffer
zone. No parking will be allowed in the
buffer.
7.03.02 Maximum Height of Structures
Three (3) stories over parking.
7.03.03 Parkinq
The off-street parking shall be.as required by the
Zoning Ordinance of Collier County at the time
building permits are requested.
7-2
02'8 201
SECTION
OPEN SPACE/CO~IS ERVATIO~
8o01
8.02
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Open Space/Conservation as well
as areas not otherwise covereR.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
A) Permitted Principal Uses and Structures
1) Parks and playground.*
2} Biking, hiking, canoeing and nature trails.*
3) Equestrian paths.
Nature preserves and wildlife sanctuaries.
Recreational shelters and restroom facilities.*
Elevated boardwalk through wetlands area to Bay as
shown on Master Development Plan. *
7) Water Management structures.
Pathways, accessory uses and structures customarily
associated with the permitte~ use, including but
not limited to utility structures, lakes, water
management facilities, etc.*
9) ~ildlife Management.
Other recreational and open space uses which are
compatible and approved pursuant to
* These uses in wetlands areas xeric scrub oak habitat
require advance approval by Collier County NRHD and
possible permits from other governmental agencies.
Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with principal uses permitted in this
District.
2) Maintenance ~nd storage areas and structures.
8-1
C) Site Plan Approval Rfl.qutrement
Site plans for proposed uses which are deemed
compatible with above uses by Administrator and not
permitted as principal uses shall be submitted to the
Director in accordance with Section 2.05.
8.03 PROPERTY DEVELOPMENT CRITERIA
Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
· 04 MAINTENANCE
The Developer shall establish a Property Owners Association
for the Project which will be responsible for the
maintenance and conservation of the Open Space/Conservation
areas, recreational f~cilities, private streets, side
walks, parks and other common facilities.
8-2
9.01 PURPOSE
SECTION IX
9.02
GENERAL DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the standards
for development of the project.
A. The design and layout iljustrated bY the Master
Development Plan shall be understood as general in nature
and flexible so that final design may comply with
applicable requirements and best utilize, the natural
· resources.
B. Minor design changes may be permitted subject to staff
review and approval, and design changes necessitated by
environmental permits.shall be permitted subject to staff
review and approval.
C. To protect the integrity of the Planned Unit
Development, the major access roads may be private roads
and access may be limited thereon wi-~ the exception of
emergency an-~fficial vehicles.
DEVELOPMENT COMMITMENTS
A) ,EnergZ
1) Construction shall comply with applicable
and state energy codes.
local
2)
Reasonable "~ood faith" efforts to utilize
state-of-the-art energy conservation techniques
shall be made where practically and economically
feasible.
3)
Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B) Transportation
1) The internal roadway system of the proposed project
including any needed signals and other intersection
9-1
2)
3)
4)
5)
6)
improvements shall be constructed by the develop-
There will be an eight (8') foot leisure path
throughout the development as shown on the Master
Development Plan. Together with the golf cart
· paths, they will serve all residential and common
areas.
Developer shall provide 50 feet of right-of-way
along the north boundary of the property for future
roadway purposes.
The Developer shall provide up to 25 feet of addit-
ional right-of-way along all frontages on Vander-
bilt Drive (CR-901), the exact amount to be
determined when right-of-way permits are issued,
for'turn lane, bike path and drainage uses upon the
four laning of that road.
Gate houses shall be located and designed so as
not to cause vehicles to be backed up onto any
public roadway.
7)
The Developer shall provide left and right turn
lanes and arterial level street lighting at all
accesses 'on Vanderbilt Drive and Tamiami Trail.
8)
The Developer shall provide a fair share
contribution toward the capital cost of any traffic
signals deemed warranted by the County Engineer at
accesses on Vanderbilt Drive or Tamiami Trail. The
signals will be owned, operated and maintained by
Collier County. :
All traffic control devices used, excluding street
name and other internal traffic control signs,
shall conform with the Manual on Uniform Traffic
Control Devices (Chapter 316.0747, Florida
Statutes).
9) These improvements are considered "site related" as
defined in Ordinance 85-55 and shall not be applied
as credits toward any impact fees required by that
ordinance.
lO)
A minimum 15' landscaped buffer shall be provided
between all internal streets that are adjacent and
parallel to an existing or proposed external road.
#
9-2
11)
· he gol~ maintenance ~acillty is shown next to
Vanderbtlt Drive, Just north o~ the proposed
underpass. No median opening shall be permitted
when Vanderbilt Dri,,e is widened to 4 lanes.
12)
The proposed underpass under Vanderbtlt Drive,
shall be constructed to accomodate future 4 laninq
of Vanderbilt Drive and shall be so located and
designed to avoid any site 4istance problems with
existing access drives, located north of this
project and the proposed access to the maintenance
facility.
13) The main access to Audubon shall be located as
shown on Exhibit "A" and appears to be located
approximately across from the entrance to the
Cypress Mead PUD.
C) Water Management
1) Petitioner shall submit a detailed Master Water Man
aaement Plan to the Water Management Advisory Board
for review and approval. No construction permits
shall be issued by the County Engineer unless and
until aIlproval of the proposed Master Water
Management Plan is aranted by the Water Management
Advisory 8oard.
2)
An Excavation Permit will be required for
excavation of the proposed lakes and existing
borrow pit reconstruction in accordance with
Collier County Ordinance ~]o. R0-26, as amended by
Ordinance No. 83-3, and as may be amended in the
future.
D) Utilities Requirements
1)
Water distribution and sewage collection and
.transmission systems will be constructed throughout
the project development by the developer pursuant
to all current reauirements of Collier County and
the State of Florida. Water and sewer facilities
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 appropriate County
Ordinances and regulations in effect at the time of
conveyance. All water and sewer facilities
constructed on private property and not reguired by
the County to be located within utility easements
shall be owned, operated and maintained by the
Developer, his assigns or successors. Upon
completion of construction of the water and sewer
facilities within the project, the facilities will
9-3
0'2'8 206
be tested to insure they meet Collier County's
utility construction requirements in effect at the
time construction plans are approved. The above
tasks must be completed to the satisfaction of the
Utilities Division prior to placing any utilities,
County owned or 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 conveyed to
the County, when required by the Utilities
Division, pursuant to County Ordinances and
Regulations in effect at the time conveyance is
requested.
(a) All construction plans and technical
specifications and proposed plats, if applicable,
for the proposed water distribution and sewage
collection and transmission facilities must be
reviewed and approved by the Utilities Division
prior to commencement of construction.
(b) All customers connecting to the water
distribution and sewaqe 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' and/or sewer service to
the project, the water and/or sewer customers shall
be customers of the interim utility established to
serve the project until the Couqty's off-site water
and/or sewer facilities are available to serve the
project.
(c) 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
project'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.
9-4
(d) An Agreement shall be entered into between
the County and Oeveloper, binding on the Developer,
his assigns or successors, legally acceptable to
the County, prior tc the approval of construction
documents for the proposed project, stating that:
(1) The proposed water supply and on-site
treatment facilities and/or on-site wastewater
treatment and disposal facilities, if required, are
to be constructed as par~ 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 untiI 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 the Developer and approved by the
County for development. The utility facility(ies)
may not be expanded to provide water and/or sewer
services outside the development boundary approved
by the County without the written consent of the
County.
(2) Upon connection to the County's
off-site water facilities, 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. Ail work related with this
activity shall be performed at no cost to the
County.
(3) Connection to the County's off-site
water and/or sewer facilities will be made by the
owners, their assigns or successors at no cost to
the County within 90 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,
permitting, modification or refitting of existing
sewage pumping facilities or construction of new
master sewage pumping facilities, interconnection
9-5
with County off-site facilities, water and/or sewer
lines necessary to make the connection(s), etc.
(4) At the time County off-site water
and/or sewer facilities are available for the
project to connecL 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:
(a) All water and/or sewer facilities
constructed in publicly owned rights-of-ways 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,
(b) All 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:
(i) Main sewage lift station and
force main interconnection with the County
sewer facilities including all utility
easement necessary;
(ii) Water distribution facili-
ties from the point of connection with the
County's water facilities to the master
water meter serving the project, including
all utility easements necessary.
(5) The customers served on an interim
basis by the utililty system constructed 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
9-6
02'8 209
BOOK
utilities system and shall not compete with the
County for the service of ~hose customers, ?he
Developer shall also provide the County with a
detailed inventory of the facilities served ~ithin
the project and the entity which will be
responsible for the water and/or sewer service
billing for the project,
(6} All 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.
(7) The Developer, his assigns or
successors agree to pay all system development
charges at the time that Building Permits are
reguired, pursuant to appropriate County Ordinances
and Regulations in effect at the time of permit
request. This requirement shall be made known to
all prospecti~e buyers of properties for which
building permits will be required prior to the
start of building construction.
(8) The County will lease to the Developer
for operation and maintenance the water distribu-
tion and/or sewage collection and transmission
system for the sum of $10.00 per year, when such
system is not connected to the off-site water
and/or sewer facilities owned 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 through its off-site
facilities or until such time that bulk rate water
and/or sewer service aqreements are negotiated with
the interim utility system serving the project.
(e) Data required under County Ordinance No.
80-11~ showing the availability of sewage service, must
be submitted and approved by the Utilities Division
9-7
prior to approval of the construction documents for the
project. Submit a copy of the approved DER permits for
the sewage collection and transmission systems and the
wastewater treatment facility to be utilized, upon
receipt thereof.
(f) If an interim on-site water supply,
treatment and transmission facility is utilized to
serve the proposed project, ~t 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.
(g) Construction and ownership of .the water and
sewer facilities, including any proposed interim water
and/or sewage treatment facilities, shall be in
compliance with all Utilities Division Standards,
Policies, Ordinances, Practices, etc. in effect at the
time construction approval is requested.
(h} 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
assumptions, demand rates and other factors pertinent
to the system under consideration.
(i) When the County 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
established by the County, with the Developer assuming
all costs for the connection work to be performed..
'2) The p~oject's Developer(s) his assigns or successors sh
all construct 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 providing 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
Department of Environmental Regulation, 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
#
9-8
pursuant to the findings of a detailed hydraulic ~esiqn
report. The report must be submig~ed 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.
3) Prior to approval of construction documents by the
Utilities Division, the Developer must present
verification, if required, pursuant to Chapter 367,
Florida Statutes, that the Florida Public Service
Commission has granted territorial rights to the
Developer to provide interim sewer and/or water service
to the project until the County can provide these
services through its water and sewer facilities.
4) The existing water mains adjacent to this project will
have to be reinforced, consistent with the County's
Water Master Plan to insure that the water system can
hydraulically provide a sufficient quantity of water to
meet the anticipated demands of the project.
Additionally, the Utilities Division will not be in a
position to approve Certificates of Occupance for the
project until the County's water transmission
facilities to serve North Naples have been completed
and placed into service and the system reinforcement
and on-site water distribution facilities previously
stipulated have been completed and placed into
service.
Any package plant needs DER' approval. Any
establishment requiring .a CCPHLL permit must submit
plans for review and approval.
E) Exceptions to County Subdivision Regulations
1)
Article X, Section 19: Street name signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic
Control Devices. Street pavement painting,
striping and reflective edging requirements shall
be waived.
2)
Article XI, Section 17.F & G: Street right-of-way
and cross-sections for the roads shall be as shown
on Exhibit
3) Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be
9-9
4)
5)
waived. If emergency access is provided as shown
tn Exhibit "E".*
Article XI, Section 17.I: 8ack of curb radii at
street intersections shall be a minimum of 30
feet 'internally, minimum 40 feet externally.*
Article XI, Section 17.K: The requirement for 100
.feet tangent sections between reverse curves of
streets will be waived on all roads. Speed limit
control will be used to control traffic.*
Article XI, Section 21: The requirement for blank
utility casings shall be subject to installation of
utilities prior to construction of pavement and
base.
7)
Article XI, Section 10: The requirement for
reference markers to .be placed in water valve
covers is waived, provided all monuments are
installed in accordance with State statutes and
approval by the County Engineer.
8) Article X, Sect[on 16: The requirements for side-
walks shall be waived. An 8' wide leisure path
will be used on one side of. the main roadway as
shown in Exhibit "E".*
*Ail streets must remain privately owned to qualify
for these exceptions...
Environmental Stipulations
Petitioner shall be subject to Ordinance 75-21 (or
the tree/vegetation removal ordinance in existence
at the time of permitting), requiring the
acquisition of a tree removal permit prior to any
land clearing. A site clearing plan shall be
submitted to the Natural Resources Management
Department and the Community Development Division
for their review and approval prior to any
substantial work on the site. This plan may be
submitted in phases to coincide with the
development schedule. The site clearing plan shall
clearly depict how the final site layout
incorporates retained native vegetation to the
maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
9-10
2)
3)
4)
5)
Native species shall be utilized, where availabl~,
to the maximum extent possible in the site
landscaptn~ design. A landscaping plan will be
submitted to the Natural Resources Management
Department and the Community Development Division
for their review and approval. This plan will
depict the incorporation of native species and
their mix with other species, if any. The goal of
site landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the
site during construction or due to past
activities.
All exotic plants, as defined in the County Code,
shall be removed during each phase of construction
from development areas, open space' areas, and
preserve areas. Following site development, a
maintenance program shall be implemented to prevent
reinvasion of the site by such exotic species.
This plan, which will describe control techniques
and inspection-intervals, shall be filed with and
approved by the Natural Resources Management
Department and the Community Development Division.
If during the course of site clearing, excavation,
or other constructional activities, an
archaeological or historical site, artifact, or
other indicator is discovered, all development at
that location shall be immediately stopped and the
Natural ~esources Management Department notified.
Development will be suspended for a sufficient
length of time to enable the Natural Resources
Management Department or a designated consultant to
assess the find and determine the proper course of
action in regard to its salvageability. The
Natural Resources Management Department 'will
respond to any such notification in a timely and
efficient manner so as to provide only a minimal
interruption to any constructional activities.
An archaeological survey of the parcel must be
conducted by qualified personnel subject to the
approval of the Natural Resources Management
Department. Results of that survey must be
submitted to the Natural Resources Management
Department for review and, if warranted, additional
actions taken as outlined within Stipulation 4)
above.
9-11
6)
With either Master Plan "A" or Master Plan 'B" all
xeric scrub oak and wetland areas designated as
"conservation - open space" ("C/O"} shall be
habitat preserves. Any proposed alterations and/or
uses within habitat preserves shall be subject to
the review and approval of the Natural Resources
Management Department. gabitat Preserve icludes
the C/O easement which is within the commercial
("C/R") tract. Ail C/O areas as designated on the
Master Plans must be flagged by the Petitioner
prior to any constructio~ in the abutting area and
habitat preserve boundaries will be subject to the
review and approval of the ~latural Resources
Management Department. Petitioner has applied for
the necessary state and federal permits to
construct the project according to Plan "A". Plan
"B" is preferred because of greater protection of
xeric scrub oak, albeit at the expenses and use of
the freshwater wetlands. Petitioner agrees to
attempt to modify his permits to allow the
construction of Plan "B" and County agrees to
actively support the efforts of Petitioner to
modify his permits to accommodate Plan
7) To increase lake productivities and habitat values,
lake side slopes will be 4:! out to a depth of
three (3) feet from mean low water levels.
Petitioner should investigate vegetating littoral
shelf areas with various native plant species (upon
request, the Natural Resources Management
Department can provide per~inent information
concerning plant species).
8)
Petitioner shall design and implement a program to
prevent and/or reduce populations of noxious/exotic
plant populations within lakes, specifically, but
not limited to, preventing growth of hydrilla
(Hydrilla verticillata), water hyacinth (Eichhornia
crasslpes), anH" (tO a lesser degree~ .... cattails
"(Typha latifolia); this program will be subject to
~he review and approval of the Natural Resources
Management Department.
9)
A survey for the presence and distribution of
protected species must be conducted by qualified
personnel subject to approval by the Natural
Resources Management Department. For species
identified in the Florida Game and Fresh Water Fish
Commisson July 1987 edition of "Official Lists of
Endangered and Potentially Endangered Fauna and
9-12
10)
Flora in ~lorida," the survey must include: bald
eagle (Haliaeetus leucocephalus), red cockaded
woodpecker (Plcoides borealis), gopher tortoise
(Gopherus polyphemus], gopher frog (Rana areolata)
and eastern indi~ snake (Drymarchon corals
couperi). Results of the survey must be mad~
available to the Natural Resources Management
Department, and, if warranted, project designs
should be adjusted and/or individuals/populations
relocated to appropriate locations to insure the
survival of the protected species, where
appropriate, retention or relocation efforts will
include the butterly orchid (Encyclis tampensis).
Lastly, the petitioner shall satisfy all state
(Florida Game and Fresh Water Fish Commission) and
federal (United States Fish and Wildlife Service)
permit conditions concerning protected'species.
Petitioner will post and maintain signage at the
boat ramp proposed for the northwestern corner of
the parcel and leading to waters of Little gickory
Bay. Signage will be designed to warn/educate
boaters of perilous areas of the bay and
environmentally sensitive zones. Signage will be
subject to the review and approval of the Natural
Resources Management Department. In addition, the
petitioner will cooperate with the Natural
Resources Management Department to develop an
"inter-development" (i.e., Little Hickory Shores,
Bonita Shores, Lely Barefoot Beach, Audobon) plan
for boat traffic management promoting the
preservation of estuarine resources affected by the
subdivisions and their associated boat traffic.
11)
Final alignment and configurations of water
management structures (lakes, swales, etc.) shall
be subject to minor field adjustments to minimize
habitat destruction. Prior to construction, areas
subject to alteration must be flagged by the
petitioner, the alionment/conftgurations to be
subject to the review and approval of the Natural
Resources Management Department.
12) A roadway in the northwestern corner of the parcel
will be allowed to connect the isolated
northwestern pod to the remainder of the project.
Width of the roadway must be kept to a minimum, not
to exceed a total of 42 feet as outlined in Exhibit
"D" of the petition. Culverts must be installed to
insure adequate water flows, the sizes and
9-13
#
distributions of such culverts subject to the
review and approval of the Collier County Water
Management ~epartment. Final road alignment must
be along a path subjact to the review and approval
of the Natural Resources Managment Department.
]3) Two wildlife corridors must be provided across
(east to west) the project parcel located west of
Vanderbilt Beach Drive. One corridor must connect
the central xeric live' oak habitat with the
western, fringing wetlands. The 75 feet northern
drainage easement will serve as the second wildlife
corridor. Except for land clearing necessary for
minor canal modifications to insure proper water
flow, reasonable golf course passage for hole ~12,
and human safety, all existing native vegetation
(trees and understory) will remain intact along the
width of the easement~ additional width for the
buffer is preferable and strongly encouraged.
Proposals for clearing of any native vegetation
will be subject to the review and approval of the
Natural Resources Management Department.
The petitioner and the Natural Resources Management
Department will cooperate on the final layout of
the golf course, resulting in a tree removal
program acceptable to both parties. Prior to
construction, golf holes will be field staked by
the petitioner and subject to the review and
approval by the Natural Resources Management
Department. Petitioner should make reasonable
field adjustments of the course to minimize habitat
destruction and should follow xeriscape principles
to reduce environmental impacts. Particular
attention is to be paid to hole ~14 and #]5 by the
petitioner to minimize impacts on the scrub oak
habitat to the extent practical and consistent with
good golf course design.
15) The Natural Resources Management Department prefers
Master plan "B". As outlined in Master Plan "B#,
encroachment into selected freshwater wetlands will
be allowed to facilitate the retention of
additional acreage of xeric live oak habitat. The
Natural Resources Management Department will
support efforts to secure necessary permits from
other state and federal agencies, i.e., permits
which would allow encroachment into the wetlands.
If permits cannot be procured from the necessary
regulatory agencies within a reasonable time to
9-14
construct the project as outlined in Master Plan
"B", the petitioner will use Master plan "A" with
the petitioner and the Natucal Resources Management
Department cooperating to finalize all proposed
development to minimize environmental impacts,
especially in the xeric live oak habitats.
16). Ail housing development abutting the golf course
will provide lot buffer zones to protect and
maintain the guality of existing native vegetation
between golf hole boundaries and the housing unit.
Lot buffers must be a minimum of 20 feet and larger
buffers should be encouraged via deed
restrictions.
1'7)
Residents within xeric live oak habitats should
take special means to preserve existing plant and
animal communities (exclusive of venomous animals
or toxic plants). On single family lots within the
x~ric live oak habitats, the architectural review
committee established by the developer will require
incorporation of reasonable amounts of existing
native vegetation into the site landscaping plan.
Deed restrictions shall promote retention of
existing plant and animal communities, recommending
the practice of xeriscape landscaping.
Where applicable due to development, components of
plant communities will be transplanted within
preserve areas and/or as landscape elements within
the project. Zxamples of plant species appropriate
for transplant would include sabal palms (Sabal
palmetto), wax myrtle (Myrica cerifera) '~
components of the xeric live oak communities
including: oaks (Quercus spp.), wax myrtle, rusty
lyonia (Lyoniaferruginea), and gallberry (.Ilex
glabra).
19)
For the buffer and preserve areas .west of the
commercial tract (located adjacent and west of U.S.
41), suitable protection of the buffer/preserve
areas will be provided by way of a fence, curbing,
landscape hedges, etc. Mode of protection will
correspond with specific commercial facilities
proposed for the area (i.e., shopping center vs.
office building, etc.); therefore, final mode(s) of
protection will be subject to the review and
approval of the Natural Resources Management
Department.
9-15
2O)
21)
For parking lots, golf cart pathways, and perhaps
certain roadways, petitoner should investigate the
use of paver bricks in lieu of traditional asphalt
paving to reduce the amount of impervious surfaces,
chemical runoff, maintenance, and possibly
installation expenses.
For all of the stipulations above, mutual
agreements must be reacheg between the Natural
Resources Management Department and personnel of
the Audubon Country Club. If mutual agreements
cannot be reached, the matter will be brought
before the Environmental Advisory Committee or
whatever County environmental review board is in
power at the time of disputes; this. governing
entity will act as an arbitrator for disputes. If
arbitration is futile, the matters will be brought
before the Board of County Commissioners (BCC), the
BCC to act as the final arbitrator.
9-16
!!!
02'8 ?~,~- 220
221
(1 of 2)
LEGAL D£SCRZPTION
Legal description of a parcel of land located in the North ~/~ of
Section 9, Township 48 South~ Range 25 East, Collier County, Florid&,
being more particularly described as follovsz
That poztlon o£ the North 1/2 of section 9,-Township 48 South, Range 25
fast, Collier County~ Flor/ds, ly/n9 Westerly of U.S. Highway HOo 41
(st&re Road No. 45) as the sase La shorn on the atate of Florida D.Oo?.
Right-of-Way Nap o£ State Road ~o. iS, Collier County~ Florida, Section
O3010-2519, Sheet 3, of the Public Records of Collier County~ Florida,
AaD lying Easterly of County Road ~o. 901 (Yanderbllt Drlve)~ Collier
County, Florida.
(124"~C~2~; AT THE SCX.rI1{F. AST CO~:R OF' S~-TIC~ 5, "~'H/~ 48 ~, P~ 25 ~, ~nT~ ~,
~ ~ ~ ~9'59'22.3~ ~ ~ ~ ~ ~ ~ ~-~'~ 5, 50.00 t~T
~ ~ ~ ~ ~I~l S, 2088.04 ~ ~ A ~ ~ ~ ~-~ P~I~1
~= ~ ~ }o. 4 ~ ~u~, ~ ~ 24 P~T ~K'10, P~ 33, W 9~ ~C
~ ~ ~ ~T }~. 4 ~{~ ~U~, 2003.71 ~ ~ A ~ W ~ ~ A ~
~ ~ ~ A ~ ~ W 35'57'00", A ~S ~ 50.00 t~-r~ ~ ~{ ~~Y
~ ~ ~ ~G ~ ~ ~Z W ~ }U. 4 ~ ~, 31.37 ~'~' ~ A ~D$
~ W A ~ ~ ~ ~ }~ ~<~ A ~ A'~ W 35'57'00', A ~ ~'
S}D~, 232.16 t~-r ~ A ~2~ W ~ ~ ~21 S89'59'37"4 ~ ~ ~ ~ ~
~ S~, 287.57 ~'~: ~ ~4 N~'05'54"~ ~ 9f T 2~ W ~ ~
S}~, ~ ~ ~G ~ ~I~Y P~n~Ol W P~ ~K 41, P~ 346, ~ ~C
~ ~ ~ ~ ~ ~ ~ ~ ~ 41, P~ 346~ ~ ~N N00'05'54~ ~
P~=~-~ ~ }O~, ~ ~~ ~ ~ ~I~ 5, 450.00 t~T ~ A ~D~ ~
410.~ }'~'r ~ ~ ~ ~ ~ ~ 33, ~ ~. 2 ~%u~ ~ ~, ~
~ 3, P~ 79, ~ ~C ~ ~ ~-~ ~, ~: ~ ~ S89'58'43'~
~ ~ ~ ~ ~ 33, 30.00 ~ ~ ~ ~ ~ ~ A ~, ~ ~ }~. 2
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~T }O. 2 ~ ~ ~, 1356.21
A ~ ~ ~l~t-r~l ~ ~ ~ ~ ~ ~ ~l ~lC~ ~C~ ~ 48, P;~
~ 159, ~ ~C ~:f~ ~ ~l.~ ~, ~; ~ ~ S10'26'43~ ~
~ 738.46 t~'r~ ~ ~ 515'53'17~ ~ ~ ~ ~ ~ 2112.5~ ~ ~ A ~D~
D~ 207.9 t~-r ~ A ~D~ 920 ~ ~ ~ ~ ~ ~ ~ ~ ~4 5
~ A~ 200 ~ }O~ ~ ~ ~ ~ ~ 363.86 ~; g~ ~4 H~'53'17~
~'~Y ~ ~ ~ ~ ~ ~ ~ ~ ~ A ~ ~ ~ 200 ~
S74'06'43~ ~ 628.3 t~-r ~ A ~ ~ ~; ~C ~{ 5~'53'17"E ~ ~
's~{ 5 (O.R. ~ 927, P~ 188-~0), ~4} ~z ~ ~ ~ ~Ot ~]~
5~I~ 5 ~ A ~ 1753 ~-r ~ ~ ~ ~ ~ ~ ~ ~ ~
5; ~ ~ ~9'58'43"E ~ ~ ~ ~ ~ ~ ~{ 5, 31.71 ~T; ~ ~ S31'35'13~,
305.29 ~-r (O.R. ~ 791,R~)~ ~ N84'06'57"M, 291.55 F~T; ~~ ~6'56'57~ ~
~ ~4 ~ ~ ~ ~ ~I~ 8, ~ 48S, ~ 25E 240.42 ~; ~ ~
~ P~ 235 ~ 250 D~ ~ ~ ~C ~ ~ ~3.~ ~, ~; ~ ~ ~00.0~52.8,
~ ~ ~ ~ ~ 121.61 }~T; ~ ~ S52'30'18.5'~ ~ ~
~060.49 }~'r; ~ ~ S11'59'23.6"E ~ ~ ~ ~ ~= 1420.43 ~;
S58'58'40.9'E ~ ~ ~ ~ ~, 1093.50 ~ ~ A ~ 50.00 F~'r ~
~ ~-I~Y ~ ~ ~ ~ ~ ~ ~ ~ ~K 13, P~ 27 ~ 29, ~
S~I~ 8, 1988.86 ~-~' ~ A ~ ~1 ~ ~ ~ ~ ~ 1~ ~ ~ ~
~ ~ ~ S, 2596.16 ~ ~ A ~ ~ ~ P~SLY ~I~ ~-~
~ ~ 90~ ~~T D~} (~ ~ ~ S=~65=~; ~ ~ N~'44'27~,
~ ~~ ~ ~ ~ ~ ~ 901, 1354.5} ~ ~ ~ ~ ~ ~.
I]2'8 ~'~',: 225
i
~00~
0
EXHIBIT "D"
EL. ?.0: (N,G,VO.)
TYPICAL SECTION CONNECTOR ROAD
WITH 19'x 30" PIPE CROSSING SHOWN
[L.~LO ~L
SECTION AT CANAL ROAD
~.J4.E:' I'= I0" NO~IZONTAL
I'= ~" VERTICAL I,
o I
~ 4-f
AGREEMENT
l, George L. Varnadoe, as owner or authorized agent for Petition
R-87-12C, agree to the following s~ipulations requested by the Collier
County Planning Commission in their public hearing on September 17, 1987.
Petitioner shall be subject to Ordinance 75-21 [or the tree/
vegetation removal ordinance in existence at the time of
permitting], requiring the acquisition of a tree removal permit
prior to any land clearing. A site clearing plan shall be
submitted to the Natural Resources Management Department and
the Community Development Division for their review and
approval prior to any substantial work on the site. This
plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly
depict how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Natural Resources
Management Department and the Community Development Division
for their review and approval. This plan will depict the
incorporation of native species and their mix. with other
species, if any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat char~cteristics
lost on the site during construction or due to past activities.
All exotic plants, as defined in the County Code, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following site
development a maintenanc~ program shall be implemented to
prevent reinvasion of the site by such exotic species. This
plan, which will describe control techniques and inspection
intervals, shall be filed with and approved by the Natural
Resources Management Department and the Co~munit,, Development
Division.
de
If during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and
the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of time
to enable the Natural Resources Management Department or a
designated consultant co assess the find and determine the
fe
ge
proper course of action in regard to its salvageability. The
Natural Resources Managemen~ Department will respond to any
such notification in a timely and efficient manner so as to
provide only a minimal interruption to any constructional
activities.
An archaeological survey of the parcel must be conducted by
qualified pcrsonnel subject to the approval of N~HD. Results
of that survey must be submitted to NPJ~D for review and, if
warranted, additional actions taken as outlined within
Stipulation #d.
With either Master Plan "A" or Master Plan "B" all xeric scrub
oak and wetland areas designated as "conservation - open
space" ("C/O") shall be habitat preserves. Any proposed
alterations and/or uses within habitat preserves shall be
subject to the review and approval of NRMD. Habitat Preserve
includes the C/O easement which is within the commercial
("CR") tract. Ail C/O areas as designated on the Master Plans
must be flagged by the Petitioner prior to any construction in
the abutting area and habitat preserve boundaries will be
'subject to the review and approval of NHL~D. Petitioner has
applied for the necessary state and federal pet-nits to
construct the project according to Plan "A". Plan "B" is
preferred because of greater protection of xeric scrub oak,
albeit at the expense of use of the freshwater wetlands.
Petitioner agrees to attempt to modify bis permits to. allow
the construction of Plan "B" and County agrees to actively
· support the efforts of Petitioner to modify his permits to
accommodate Plan "B".
To increase lake productivities and habitat values, lake side
slopes will be 4:1 out to a depth of 3 feet from mean low
water levels. Petitioner should investigate vegetating
littoral shelf areas with various native plant species (upon
request, NRMD can provide pertinent information concerning
plant species).
Petitioner shall design and implement a program to prevent
and/or reduce populations of noxious/exotic plant populations
within lakes, specifically, but not limited to, preventing
growth of hydrilla (Hydrill verticillate), water hyacinth
(Eichhornia crassipes), and (to a lesser degree) cattails
(Typha latifolia); this program will be subject to the review
and approval of NRMD.
A survey for the presence and distribution of protected
species must be conducted by qualified personnel subject to
approval by NRMD. For species identified in the Florida Game
and Fresh Water Fish Commission July 1987 edition of "Official
Lists of Endangered and Potentially Endangered Fauna and Flora
in Florida," the survey must include: bald eagle (Haliaeetus
leucocephalus), red cockaded woodpecker (Picoides borealis),
gopher tortoise (Gopherus polyphemup), gopher frog (Rana
areolata), eastern indigo snake (prymarchon corals coupe~i.).
Results of the survey must be made available to NRMD, and, if
warranted, project designs should be adjusted and/or
individuals/populations relocated to appropriate locations to
insure the survival of the protected species. Where
appropriate, retention or relocation efforts will include th~
butterfly orchid (Encyclis tampensis). Lastly, the petitioner
shall satisfy all state (Florida Game and Fresh Water Fish
Commission) and federal (United States Fish and Wildlife
Service) permit conditions concerning protected species.
Petitioner will post and maintain signage at the boat ramp
proposed for the northwestern corner of the parcel and leading
to waters of Little Hickory Bay. Signsge will be designed to
warn/educate boaters of perilous areas of the bay and
environmentally sensitive zones. Signage will be subject to
the review and approval of NRMD. In addition, the petitioner
will cooperate with NRMD to develop an "inter-development"
(i.e., Little Hickory Shores, Bonita Shores, Lely Barefoot
Beach, Audubon) plan for boat traffic management promoting the
preservation of estuarine resources affected by the
subdivisions and their associated boat traffic.
Final alignment and configurations of water management
structures (lakes, swales, etc.) shall be subject to minor
field adjustments to minimize habitat destruction. Prior to
construction, areas subject to alteration must be flagged by
the petitioner, the alignment/configurations to be subject to
the review and approval of N~RMD.
A roadway in the northwestern corner of the parcel will be
allowed to connect the isolated northwestern pod to the
remainder of the project. Width of the roadway must be kept
to a minimum, not to exceed a total of 42 feet as outlined in
Exhibit "D" of the petition. Culverts must be installed to
insure adequate water flows, the sizes and distributions of
such culverts suLJect to the review and approval of the
Collier County Water Management Department. Final road
alignment must be along a path subject to the review and
approval of 5T. MD.
me
Two wildlife corridors must be provided across (east to west)
the project parcel located west of Vanderbilt Beach Drive.
One corridor must connect the central xeric live oak habitat
with the western, fringing wetlands· The 75 feet northern
drainage easement will serve as the second wildlife corridor.
Except for land clearing necessary for minor canal
modifications to insure proper water flow, reasonable golf
course passage for hole ~12, and human safety, all existing
0'2'8
ne
native vegetation (trees and uodetstory) will remain intact
along the width of the easement; additional width for the
buffer is preferable and strongly encouraged. ?roposals for
clearing of any native vegetation rill be subject to the review
and approval of hTJ~D.
'The petitioner and NRt~ will cooperate on the final layout of
the golf course, resulting in a tree removal program
acceptable to both parties. ?riot to construction, golf boles
will be field staked by the petitioner and subject to tbs
review and approval by ~fl~. ?etitioner should ~ake
reasonable field adjustments of the course to minimize habitat
destr~ction and should follow ~eriscape principles to reduce
environmental impacts. ?articular attention is to be paid to
hole ~16 and #15 by the petitioner to ~inimize i~pacts on tbs
scrub oak habitat to the extent practicable and consistent
with good golf course design.
NRMD prefers Master Plan B. As outlined in Master Plan "B",
encroachment into selected freshwater wetlands will be allowed
to facilitate the retention of additional acreage of xeric
live oak habitat. NRMD will support efforts to secure
necessary permits from other state and federal agencies, i.e.,
permits which would allow encroachment Into the wetlands. If
permits cannot be procured from the necessary regulatory
agencies within a reasonable time to construct the project as
outlined in M~ster Plan "B", the petitioner will use Master
Plan "A" with the petitioner and NRMD cooperating to finalize
all proposed development to minimize environmental impacts,
especially in the xeric live oak habitats.
Ail housing development abutting the golf course will provide
lot buffer zones to protect and maintain the quality of
existing native vegetation between golf hole boundaries and
the housing unit. Lot buffers must be a minimum of 20 feet
and larger buffers should be encouraged via deed restrictions.
Residents within ~eri~ live oak habitats should take special
means to preserve existing plant and animal communities
(exclusive of venomous animals or toxic plants). On single
family lots within the xeric live oak habitats, the
architectural review committee' established by the developer
will require incorporation of reasonable amounts of existing
native vegetation into the site landscaping plan. Deed
restrictions shall promote retention of existing plant and
animal communities, recommending the practice of xeriscape
laudscaping.
Where applicable due to development, components of plant
communities will be transplanted within preserve areas and/or
as landscape elements within the project. Examples of plant
Se
te
Ue
ye
species appropriate for transplant would include sabal palms
(Sabal palmetto), wax myrtle (Myrica cerifera) and components
of the xeric live oak communities including: oaks ..(quercus
app.), wax myrtle, rusty lyonta .(L~onia ferruginea), and
gallberry (Ilex glabra).
For the buffer and preserve areas west of the commercial tract
(located adjacent and west of U.S. 41), suitable protection of
the buffer/preserve areas will be provided by way of a fence,
curbing, landscape hedges, etc. Mode of protection will
correspond with specific commercial facilities proposed for
the area (i.e., shopping center vs. office building, etc.);
therefore, final mode(s) of protection will be subject to the
review and approval of NRMD.
For parking lots, golf cart pathways, and perhaps certain
roadways, petitioner should investigate the use of paver
bricks in lieu of traditional asphalD paving to reduce the
amount of impervious surfaces, chemical runoff, maintenance,
and possibly installation expenses.
For all of the stipulations above, mutual agreements must be
reached between N~D and personnel of the Audubon Country
Club. If mutual agreements cannot be reached, the matter will
be brought before the EAC or whatever County environmental
review board is in power at the time of disputes; this
governing entity will act as an arbitrator for disputes. If
arbitration is futile, the matters will be brought before the
Board of County Commissioners (BCC), the BCC to act as the
final arbitrator.
Petitioner shall submit a detailed Master Water Management
Plan to the W.M.A.B. for review and approval. No construction
permits shall be issued by the County Engineer unless and until
approval of the proposed Master Water Management Plan is
granted by W.M.A.B.
An Excavation Permit will be required for excavation of the
proposed lakes and existing borrow pit reconstruction in
accordance with Collier County Ordinance No. 80-26, as amended
by Ordinance No. 83-3, and as may be amended in the future.
The developer shall provide 50 feet of right-of-way along the
north boundary of the property for future roadway purposes.
(Lee County has already obtained needed right-of-way on its
side of the county line.)
The developer shall provide up to 25 feet of additional
right-of-way along all frontages on Vanderbilt. Drive (CR-901),
the exact amount to be determined when right-of-way permits
are issued, for turn lane, bike path and drainage uses upon
the four laning of that road.
234
Gate houses ~hall be locsted snd designed so as not to cause
vehicles to be bscked up onto any public roadway.
aa.. The developer shall provide left and right turn lanes and
arterial level street lighting at all accesses on Vonderbilt
Drive and Tamiami Trail.
I bb.
The developer shall provide a fair share contribution toward
the capital cost of any traffic signals deemed warranted by
the County Engineer at accesses on Vanderbilt Drive cr Tamiami
Trail. The signals will be owned, operated and maintained by
Collier County.
CC,
All traffic control devices used, excluding street name signs,
shall conform with the Manual on Uniform Traffic Control
Devices (Chapter 316.0747, Florida Statues).
dd.
These improvements are considered "site related" as defined in
Ordinance 85-55 and shall not be applied as credits toward any
impact fees required by that ordinance.
The project's Developer(s) his assigns or successors shall
construct 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 providing all
on-site piping and pumping facilitites 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.
ff.
Prior to approval of construction documents by the Utilities
Division, the Developer must present verification, if
required, pursuant to Chapter 367, Florida Statutes, that the
Florida Public Service Commission has granted territorial
rights to the Developer to provide interim sewer and/or water
service to the project until the County can provide these
services through its water and sewer facilities.
gg.
The existing water mains adjacent to this project will have to
be reinforced, consistent with the County's Water D~ster Plan
to insure that the water system can hydraulically provide a
sufficient quantity of water to meet the anticipated demands
of the project. Additionally, the Utilities Division will not
be in a position to approve Certificates of Occupance for the
project until the County's water transmission facilities to
serve North Naples have been completed and placed into service
and the system reinforcement and on-site water distributior
facilities previously stipulated have been completed and
placed into service.
hh.
A revised copy of the Pb~ document and draft Ordinance for the
rezoning approval must be submitted to the Utilities Division
for review and approval prior to the Petition being considered
by the Board of County Commissioners.
ii. Any package plant needs D.E.R. approval. Any establishment
requiring a CCPHU permit must submit plans for review and approval.
JJ.
The applicant must meet the required water flow, which is a
minimum of 750 GPM with a residual pressure of 20 PSI at the
remotest point of discharge.
kk.
The Developer shall agree to modify it's environmental permits
to allow the construction of Plan "B". If Plan "B" cannot be
environmentally permitted in a reasonable time, the Developer
may construct according to Plan "A".
11.
A twenty-five foot landscaped buffer shall be placed along the
northern and southern edges of the property lines to screen the
visual and noise impacts..
The petitioner-shall comply with any stipulations required by
the Engineering Department as contained in their memo dated
July 14, 1987, as amended.
nn. The petitioner shall amend the PUD document so as to
incorporate the recommen~de~ changes as contained in #ll of
REPRESENTATIVE FOR CCPC
NOT~Y
DAY
SEAL
MY COMMISSION EXPIRES:
R-87-12C 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 No. 87-77
which was adopted by the Board of County Commissioners on the 6th
day of October 1987, during regular session.
WITNESS my hand and the official seal of the'Board of County
Commissioners of Collier County, Florida, this 22nd day of
October, 1987,
JAMES
C.
Clerk of Courts and~':6~r.k?/~/.:~
Ex-officio to Board of...
Coun ty_,_Commi ss iom'~ r s..~'" '~'~" ~
By: ~rginia Magr.~i ~' .'-. '!?"' "" .:-
Deputy Clerk >~-. '."-; ' ..".~"