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Ordinance 87-093 o~'r~c~ 87- P~SI~ ZONING ~TIOflS FOR ~IE ~INCOR- PO~I~ ~ OF ~LLI~ ~, ~ORIDA ~NG ~ ZONING A~S ~ ~ING ~ ZONING ~SIFICATION OF ~ HE~IN ~IT D~~ ~ ~ ~O~D ~S C~K FOK 36~ ~SID~ ~ITS FOK PROP~ ~CAT~ AT ~800 AIraRT KO~ NOR~, 7~.645~ A~S, IN ~E~ION 13, T~IP &9 SOO'I~, ~ P~OVID~G AN ~E~X~ DATE. ~Y_AS, ~obart Y. Diffenderfar and ltlchard C. Crau~, representing Warrenton Enterprises Co~., N.Y., pet~tioned the ~oerd of ~ty C~ssioners to change the Zoning Class~f~caCiou of Che here~ described real pr~er~7; N~, ~t-m~O~ BE IT ~A~ by t~ Board of ~unty SE~ON ~: ~e Zon~g C~msifi~ti~ of the h~rein described re~l property ~ed ~ Secti~ 13, T~hip 19 S~th, ~nte 25 ~s~, ~lll,r Co.U, Flo~da is c~nsed fr~ ~ to "P~" Pla~ed Uni~ Develo~n~ ~ccor~nce ~h ~h~ ~ do~nt a~tached hereto ss ~ibi~ w~ch is inco~orated herei~ ~nd by re~rence ~d, pa:t hereof. Offic~l ~n~$ Acl~s ~p N~ber ~9-15-6. as described in Org~nce 82-2, is hereby ~nded accordin~ly. SE~ION ~O: ~ls ~giuance shall bec~ effective up~ receipt of =~= iC has been filed wi~h She $ecre=a~ of DATE: NovemBer 17, 1987 BOARD OF COUNTY CO~gff$$ION~RS COLLIER COUNTY, FLORIDA ATTEST: BY:.~ JAHES C. GILES, CLERK :.;~S . . 48' ~ :' ~F~D ~ ~FO~ ~ L~ S~FICI~ S~ecre~ah, ~f State's Office the · R.],B~U~E'~NDF~ - - ~ Tdayof ~- , ~ ~Sl~' ~ A~O~ a~ ock~ledgement ~h~ filing received this i~u ,-~ CHAI~J~tN dpO:rcg28 AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT DOCUMENT FOR "WORLD TENNIS CENTER" LOCATED IN SECTION 13 TOWNSHIP 49 SOUTH, RANGE 25 EAST DATE ISSUED DATE APPROVED BY CAPC DATS APPROVED BY BCC (ORDINANCE NUMBER) November 17. 1987 87-9'3 ,00~ 029,'.,~ 49 m TABLE OF CONTENTS SECTION I STATEMENT OF COMPLIANCE SECTION II STATEMENT Or INTENT SECTION III PROPERTY OWNERSHIP & LEGAL DESCRIPTION SECTION IV GENERAL DEVELOPMENT REGULATIONS TRACT Az TRACT B~ TRACT Cz TRACT D: SECTION V PRESERVATION/CONSERVATION PROFESSIONAL TENNIS CENTER RESIDENTIAL TENNIS COURTS/RESIDENTIAL GENERAL DEVELOPMENT COMMITMENTS PAGE 16 11. 2. 3. 4. Evidence of Psvaloper Ownershi9 Mastsr Plan Legal Description Utilities Provisions Memorandum dated June 26, 1987 -2- SECTION ! STATEMENT OF COMPLIANCE The purpose of this section is to set forth the amended plan of Warrenton Enterprises Corporation, NoV. ("Warrenton# or 'Developer"), 4800 Airport Road North, Naples, Florida 3]942, concerning the development of 79.6454~ acres of land located in part of Section 13, Township 49 South, Range 25 East, Collier County, Florida. The name of this aevelopment is the World Tennis Center and it is presently zoned as PUD under Ordinance 82-1 as amended. A portion of it is already developed. This Amended PUD Document restates and supersedes the PUD Document forming part of Ordinance 82-1, as amended. Warrenton was a partner in World Tennis Center Associates, the original developer, and is now the sole owner of the undeveloped portions of World Tennis Center. The development of the World Tennis Center as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational ~acilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons= 1. The subject property has the necessary rating points to determine availability of adequate community facilities and services. 2. The project development wlll result in an efficient and economical extension of community facilities and services. 3. The project 6evelopment is compatible and complementary to the surrounding land uses. 4. The propert~ will include a landscaping buffer between County Road 31 and the surrounding agricultural zoned lands. 5. All.improvements will be in compliance with all 'applicable regulations. The development may contain up to 361 residential units consisting of any of the types of housing herein set forth. -1- 10. The development will utilize natural systems for water management such as the environmentally eensitive areas as in accordance with their natural functions and capabilities. The value and functions of the environmentally sensitive areas will not be adversely affected. The development shall promote the maintenance of the residential neighborhood as well as be aesthetically pleasing and functionally efficient. The number of egress and ingress points will be limited so as to minimize the impact upon ~he traffic flow along Airport Road. SECTION II STATEMENT OF INTENT It is the Developer's plan to use the World Tennis Center tennis complex in the manner set forth in Ordinance 82-1 as modified hereby, As a separate project> but part of the same property, it is the Developer's plan tO develop a residential living unit project. This may include the housing types set forth herein. The development will emphasize open space, energy efficiency, water conservation and preservation of ecologically sensitive areas. The attached Master Plan (Exhibit 2) reflects the existing development of the property as of the date hereof and the areas of proposed future development. Existing uses are indicated by shading. Exhibit 2 iljustrates each tract and its proposed and approved uses, SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROPERTY OWNERSHIP: Except for existi6g submitted condominium units in (i) World Tennis Center I, a condominium according to the Declaration -2- of Condominium in Official Records Book 1037, page 1237 (World Tennis Center I), and (ii) World Tennis Center II, a condominium according to the Second Declaration of Condominium recorded in Official Records Book 1215, Page 1868, Public Records of Collier County, Florida (World Tennis Center Ii) the subject property is owned by Developer, 4800 Airport Road North, Naples, Florida 33942. Evidence of this is furnished with this document as Exhibit 1. 3.2 LEGAL DESCRIPTION: The subject property is described as: The West 1/2 of the East 1/2 of the Southwest 1/4 of Section 13, Township 49 South, Range 25 East, Collier'County, Florida; and The South 1/2 of the West 1/2 of the Southwest 1/4 of Section 13, Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet thereof. The land is also described on Exhibit 3. Of this area, the Developer has conveyed and no longer owns (i) the 40 units of World Tennis Center I, and (ii} certain units in World Tennis Center II. For the purposes of gross residential land use area, the subject property, excluding its portion of the road right-of-way, is 79.6454~ acres. SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1. PURPOSE: The purpose of this Section is to set forth the regulations for development of the property identified on Exhibit 2. It is the intent of the Developer to develop low to medium density residences iQ a iow profile silhouette associated with a professional tennis center. Where development regulations are not specifically enumerated tn this~PUD document for principal or accessory structures, the~ applicable sections of the Collier County Zoning Ordinance shall apply. ' -3- 4.2. PROJECT PLAN AND LAND USE TRACTS: The project shall consist of four land use tra~ts of general area and configuration as shown on Exhibit 2. Tract A - (A-1 and A-2) - Preservation - Conservation Tract B - Professional Tennis Center 5.2~ Acres Tract C - Residential Tract Tract D - Tennis Complex/Residential Total Area 8.3~ Acres 62.0~ Acres 4.1~ Acres 79.6~ Acres Developer plans to develop the p~operty accord£ng to the follow£ng phases and schedule. Developed in 1983 - Existing Professional Tennis.Center with 15 courts and 40 residential,' units, Model and Sales Center Developed in 1986 - 60 Residential Units 1987-1988 - 40 Residential Units 1988-1991 - 221 Residential Units 1987-1990 - Up to 10 Additional Tennis Courts The maximum number o~ resident]al units will be 361 units at a maximum density of 4.53 residential units per gross acre. 4.3 TRACT mA'z PRESERVATION/CONSERVATION A. P,~rpoeez The purpose of this subsection is to set forth the function, treatment and use of the conservation/ preservation areas designated as Tracts A-1 and A-2 on Exhibit 2. Functfon~ The primary function will be to (i) preserve an attractive natural resource community, (ii) retain water during rainy season, and maintain a ground water -4- 4.4. Ce recharge area, as well as a water quality improvement facility, and (iii} provide a unique recreation and aesthetic experience for the pleasure of project residents. Treatment/U~e= Existing flora and fauna will be preserved with an exception for jogging trails, boardwalks or crosswalks and roadway cuts through Tract A-1 as indicated on Exhibit 2. Vehicles will be prohibited with the exception of construction equipment and maintenance equipment. Removal of obnoxious exotics, i.e., Meialeuca Lecudenda, Schinus Terebinthifolius, and others in accordance with County Ordinance 75-21 will be permitted. A maintenance program will be established to insure a healthy environment by directing water flow into Tract A to provide optimum surface f~ooding .depths. Ail water management control structures in this tract will be designed to insure that they neither cause increased drainage during dry periods nor increased water retention during the rainy season. Development near vegetation which is valuable or unique to the environment, shall be limited so as to maintain the vegetation in an unmolested state. Minor passive recreational facilities which are nature-appreciation oriented may be permitted where deemed appropriate. The roadway through Tract A-1 has been constructed with culverts in order to maintain flow between the two sections of this Tract. TRACT B: PROFESSIONAL TENNIS'CENTER Purpose: The purpose of this subsection is to set forth the development plan and regulations for the area designated as Tract B, Professional Tennis Center on Exhibit 2. , ~ B. Developmen~ Plan oo l; The primary purpose and function of this Tract will be to provide a professional tennis center which shall include a clubhouse, pro s~op, restaurant and bar area in conjunction with tennis courts and a stadium center court. '5-- 2) All bu£1dings and facilities within the Tract shall be for the use of the club, club members and their guests. Permitted Uses and Structures No building or structure, or part thereof, shall be e~ected, altered or used, or land or water used, in whole or in part, for other than the following= 1} Principal Uses: A) Tennis courts, handball courts, and other similar facilities, including a grandstand. B} Swimming pools, shuffleboard courts, and any other similar types of facilities. C) Clubhouse with restaurant, cocktail lounge, restaurant, pro shop, fitness r~oms, and other similar uses intended to exclusively serve patrons and members of the tennis center and club. D) Polling places in any community recreation/ ' public building/public room or similar common facility in accordance with Section 9.11 of the Collier County Zoning Ordinance. 2} Accessory Uses: A} Gift shops, sports equipment sales, and other customary accessories intended to exclusively serve patrons of the Club and their guests. B} Sign~ as permitted at time of permit application. C) ~mall buildings, private road, control gate house, enclosures or other structures constructed for the purpose of maintenance, storage, recreation, or shelter with appropriate screening and landscaping. D) Any other customary accessory uses of tennis clubs or similar establishments. -6- E) Model residential units and sales Office in conjunction with the promotion of the project which shall be converted into a manager's apartment/office and meeting room for the Community Association as determined to be compatible with the adjacent zoning by the Planning and Zoning Director. General Requirements: 1) OveralI 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. 2) Lighting facilities shall be arranged in a manned which will protect roadways and neighboring properties from direct glare or other' interference. Maximum Heiqht: Th~rty-five (35) feet within the Tract as measured from the finished grade of the site or from the minimum base flood elevation required by the Flood Elevation Ordinance. Minimum Setback Requirements: 1) 2) 3) 4.5 TRACT C~ All buildings shall be set back a minimum of twenty (20) feet from Tract boundaries and the property boundary line. All princi~al use buildings shall have a minimum separation of twenty {20) feet. ~et~acks from edge of all private pave~ roads shall be twenty (20) feet. RESIDENTIAL Purpos9 i The purpose of this Section is to set fort~ the development regulations applicable to residential development within Tract C as designated on the approved Master Plan {Exhibit 2). Development of Tract C may occur via subdivision and sale of individual -7- building sites, and/or by cjuster housing development in which housing units are constructed in accord with an approved development site plan, with sale of the individual dwelling units occurring subsequent to development. The following regulations provide for both forms of development. Should individual lots be created, platting, or an appropriate waiver, ~hall be required in accordance with the Collier County Subdivisioq Regulations or applicable ordinances. B. Permitted Uses and Structures 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: l) Permitted Principal Oses and Structures: A) Single-family detached dwellings in areas which have been approved for such use in connection with approval of a subdivision plat of record, or which have been approved as a part of a cjuster housing development site plan. s) Two family and/or multi-family dwellings in areas which have been approved for such use in connection with approval of a subdivision plat of record or which have been approved as part of a cjuster housing development site plan.. Dwellin~ unit types may include zero lotline, attached single family, townhouse, garden apartment, patio homes, villas and the like. 2) Permitted Accessory Uses and Structures, Recreational uses and facilities customary in residential areas, including, but not limited to shuffleboard courts, playgrounds, tennis courts, golf driving ranges, putting greens, swimming pools with decking, and other types of facilities intended for outdoor recreation. B) Signs as permitted by the Zoning Ordinance at the time of permit application. -8- C) Parking facilities which serve the residential units and/or the recreational facilities within the project. D) A temporary sewage treatmeht plant site. Opon connection of the World Tennis Center project to the County's Regional Sewerage System, the temporary sewage treatment facilities must be removed and the site devoted to principal and accessory uses. Polling places in accord with Section 9.11 of the Collier County zoning Ordinance. F) Any other accessory uses which are customary in residential areas. G) O~en spaces. ~) Lakes and other functional water management 'facilities or uses to serve for the flood relief and drainage of project improved areas. Private road, pedestrian and bicycle paths, boardwalks and crosswalks, or other similar facilities constructed for purposes of access to or passage through the common areas. 3) Paved or unpaved parking facilities for use by persons using the Tennis Club Facility. K) Small buildingS, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. Maximum Dwellin9 Units: A maximum of 361 residential dwelling units may be constructed. This will be reduced to 360 if a permanent manager's residence is included in Tract B. -9- Minimum Lot Area: Subdivided single family lots: 6,500 square feet. Subdi$ided two family or multi-family sites: 4,500 square feet per dwelling unit. Cjuster housing: As approved during the development site plan approval process. Minimum Lot Width: 1] Subdivided single family lots: 60 feet. 2) Subdivided two family or multi-famil~ sites: 40 feet per ground floor dwelling units. 3) Cjuster housing: as approved during the development site plan approval process. Minimum Setbacks: 1) 2) 3) Subdivided single family lots: Front yard= 25 feet Side yard: 7 1/2 feet Rear yard: 25 feet Subdivided two family or multi-family sites: Front yards 25 feet Side yard: 7 1/2 feet Rear yard: 25 feet Cjuster housing, recreational and other accessory facilities: As approved during the development site plan approval process. G. Maximum Height= 1) 2) Subdivided single family lots: 25 feet as measured from the finished grade oc from the minimum base flood elevation required by the Flood Elevation Ordinance, whichever is higher. Subdivided two family or multi-family sites: 35 -10- 3) feet as measured from the finished 9fade or from the minimum base flood elevation requirediby the Flood Elevation Ordinance, whichever is higher. Cjuster housing: 35 feet as measured from the finished grade or from the minimum base flood elevation required by the Flood Elevation Ocdinance, whichever is higher. Hinimum Dwelling unit Floor Area: 1) Subdivided single family: One-story: 750 square feet Two-story: 1,000 square feet Subdivided two family or multi-family: One-story: Two-story~ 600 square feet 750 square feet Cjuster housing: One-story~ 600 square feet Two-story: 750 square feet I. Minimum Off-Street Parking: 1) Subdivided single family lots: TWo spac~es per lot. 2) Subdivided'two famil~ or multi-family silt.s: TWo spaces per residential unit with a minimum of 1 1/2 parking spaces per unit paved and 1/2 parking space per unit reserved for paving if ever deemed to be needed by the County. 3) Cjuster housing: TWo spaces per residefltial unit with a minimum of I 1/2 parking spaces per unit paved and 1/2 parking space per unit reserved for paving if ever deemed to be needed by the County. Cjuster Housing Development Standards: Cjuster housing plans are not required to meet definitive standards for lot area, lot width~, setbacks or separation between buildings. Freedom from these design standards is intended to provide the cjuster housing planner with the flexibility to provide a better distribution of structures, more usable open space, and more attractiveness and innovation in design and construction than might otherwise result~under the standards which are applicable to subdividedtindividual building sites. Prior to approval of a development site plan for cjuster housing, the Planning and Zoning Director shall insure that the design features incorporated in the cjuster housing plan are suitable and that the basic character and quality of development intended by this PUD document will be achieved. The cjuster housing planning option may not be utilized to increase the height, reduce the parking or increase the density standards contained within this PUD document. 4.6 Tract D. Tennis Courts/Residential: A. Purpose: This tract is designed to be used for (i) an expansion of the Professional Center Tract B, (ii) for an expansion of the Residential Tract C, or (iii) for an expansion of both Tracts B and C provided that the setbacks from tract boundaries which are provided in Sections 4.4 and 4.5 are adhered to. Co Development Plan: The Developer desires to use this Tract to expand the Professional Tennis Center, Tract B, by the addition of more tennis courts and related amenities or to permit the addition of residential units of the type permitted on Tract C without increasing overall project density. If used for a partial expansion of both Tracts, an appropriate dividing line will be established between the two. Uses Permitted: 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: 1. Principal Uses A) Tennis courts, handball courts and similar facilities; Swimming pools, shuffleboard courts and any other similar facilities. c) Uses permitted in Section 4.4 C(l~} (except for those in 4.4 C (1) (C)) and those uses permitted in Section 4.5 B (1). -12- 2. Permitted accessory uses and structure: A) Uses permitted in Section 4.4C(2) except for 4.4C(2)[E). Uses permitted in Section 4.5S(2) except 4.5B(2),(D) and (L). D. Other Limitations= The limitations on unit size, building separation, building height, parking and other matters in Sections 4.4 and 4.5 applicable to the Tennis Center and Residential Tract will apply to that part of Tract D into which each may be expanded. Prior to any development of Tract D, a Conceptual Site Development Plan for its development must be submitted to and approved by the Planning and Zoning Director in conformance with Section 4.9 hereof. 4.7 INTEGRATION OF ~IFFERENT HOUSING TYPES: ~ecognizing that the plans for development of Tracts C and D have not been specified and that different types of residential development are permitted thereon, the approval of any specific Conceptual Site Development Plan for development of such Tracts, or any part thereof, with respect to the particular type of residential dwellings and the location and mixture thereof, will be based upon and take into consideration such of the following factors as are deemed appropriate by the Planning and Zoning Director for the harmonious development of each Tract with a minimum of interference between different housing types. A., Physical separation of h~using types into discrete areas. B. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Section 8.37 of the Zoning Ordinance unless~modified by the Planning and Zoning director, or open space deemed appropriate by the Planning and Zoning Director. C. Separation of housing types by common amenities. Consistent with the foregoing, the Developer will not mix individual single-family dwellings with attached single-family or with multi-family dwellings. Contiguous detached single-family residential areas within Tracts C a~d D will contain a minimum of 12 units. The procedure for review of proposed groupings of housing types shall be as provided in Sections 4.8 and 4.9 of this document. -13- 4.8 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS PURPOSE Exhibit 2, the World Tennis Center Master Plan, provides a basic development plan framework but does not indicate the specific manner in which development within the various tracts is to occur. Prior to development of any undeveloped portion of the World Tennis Center project, detailed development plan approval must be granted for that portion. The purpose of this Section is to set forth the procedure to be followed in ~onnection with the required detailed plan approval for the various World Tennis Center development increments. When the developer sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, or proposes development of such property itself, the developer shall provide to the Planning and Zoning Director for approval, prior to the development of the tract to be developed or sold by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the number of units and/or the square footage assigned to the property, as applicable. 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. In the event any tract or building parcel is sold by any subsequent owner in f{actional parts to other parties for development, the subsequent owner shall provide to the Planning and 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 its originally purchased tract or building parcel and the factional parts therein and the number of units and/or square footage, as applicable, 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. i' -14- C. The developer of any tract or building parcel must submit a Conceptual Site Plan for the entireltract or building parcel in accordance with Section 4~9 of this document 9riot to Final Site Development Plah submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract or building parcel if a Final Site Plan is submitted and approved for the entire tract or building parcel. D. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site 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 Plan as well as all criteria within this document. E. In evaluating the fractionalization 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. F. If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. CONCEPTUAL SITE DEVELOPMENT APPROVAL PROCESS: When Conceptual Site Development Plan approval isdesired or required by this document, the following procedure shall be followed: A. A written request for Conceptual Site Development Plan approval shall be submitted to the Zoning Director for approval. The request shall include materials necessary to demonstrate that the approval of the Conceptual Site Development Plan will be in harmony with the general intent of this document. Such material may include, but is not limited to, the following where applicable: -15- 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street loading areas; yards and other open spaces. 2) Plan showing proposed locations for utilities hookup. 3) Plans for screening and buffering. In the case of cjustered housing, required property development regulations may be waived or reduced provided a site plan is approved under this section. A fee consistent with the current fee schedule for County Site Development Plan approval shaI1 accompany the application, unless a specific fee for Conceptual Site Plan Review is adopted. If approval or denial is not issued within twenty (20) working days, the submission shall be considered automatically approved. 4.10 SITE DEVELOPMENT PLAN APPROVAL PROCESS: Site Development Plan approval, when desired or requested by this document, shall follow the procedure as outlined in the Zoning Ordinance. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1. PURPOSE: Thelpurpose of this Section is to set forth the standards for development Of the project. 5.2. DEVELOPMEKT COM~ITMENTS-GEN£RAL~ A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. -16- Overall site design shall be harmonious in terms landscaping, structure location and design, locations of all improved facilities, and location and treatment of buffer areas. To protect the integrity of the planned unit development, the only access road shall be the private road as shown on Exhibit 2 with an exception of temporary construction roads. Areas iljustrated as "lakes" shall be constructed lakes, or upon approval, parts the£eof may be green areas in which as much natural foliage as practicable shall be preserved. The lake size and shape m~y be varied so 1°nE as uses in Tract boundaries are not changed. Such areas, lakes and/or natura~ green areas, shall be of general area and configuration as shown on Exhibit 2. The perimeter'of the PUD shall be buffered from adjacent properties by the use of a landscape buffer i~ :those areas identified as buffered areas on the attached Master Plan, Exhibit 2. The temporary sewage treatment facility shall be buffered with a landscape buffer on all sides. Areas to be buffered shall conform to Section $.37 of the Zoning'Ordinance with the exception that the opacity requirement shall be 40% rather than 80% except'for the buffering surrounding the temporary sewage treatment facility. Buffering reguired in respect to areas which have been previously developed need not be added until the earlier of issuance of 100'more individual residential unit certificates of occupancy or November 11, 1989. 5.3 CLEARING~ GRADING~ EARTHWORK~ AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be p,~rformed in accordance with all applicable State and local codes. The two cypress zone areas (Tracts A-1 & A-2), iljustrated in Exhibit 2 will be protected during construction with fencing an~ posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. -17- 5.4. UTILITIES ae Provisions concernin~ the provision of water and sewer services to the project shall he in accordance with the stipulations and requirements enumerated in the memorandum dated June 26, 1987, from John F. HadaJewski, Utilities Engineering Director, to Ann McKim, Planning Department, a copy of which is attached hereto as Exhibit 4 and incorporated herein by reference. The requirements are intended to represent current county utilities policy. In the event the cdunty policy and/or ordinances regarding utilities are modified, the modified policy and/or ordinance requirements shall be applicable. The foregoing stipulations and requirements shall be applied to the project on a phase by phase basis as the project is developed. Be Telephone, power and television cable service shall be made available to all residential areas. All such utility lines shall be installed underground. 5.5. SOLID WASTE DISPOSAL Such arrangement and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.6 RECREATION FACILITIES Additional recreational facilities beyond those provided by the developer, as may be need%d by the future residents of this project, shall be funded through a system of revenues collected by the WTC Community Association, Inc. The Co~uaunity Association By-Laws shall include a provision that the creation of a capital improvement fund is mandatory, and every property owner in the development shall become a member of the Community Association. All owners of units developed on the property shall have a membership in the professional tennis center. 5.7 TRAFFIC IMPROVEHENTS The developer or WTC Community Association, Inc. shall provide a fair share contribution toward the capital cost of a traffic signal when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. -18- 5.8 5.9 All ro~ds within the project are private and will be maintained by th~ developer and/or property owners. associations. The roads will be exempt from applicable requirements of the Collier County Subdivision Regulations provided, however, that all plans for road construction shall be subject to final approval by the County Engineering Department SIDEWALKS/BIKE PAT~S Sidewalks/bike paths shall be constructed to be harmonious with the natural environment of the development. ENVIRONMENTAL REQUIREMENTS A. Site Clearin~ The developer shall be subject to Ordinance 7~-21 (or the tree/vegetation removal ordinance in ~xistance at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for its review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native Plant Species Utilization Native species .shall be utilized, where available, to the maximum extent possible in the site landscaping plan. A landscaping plan will be submitted to the Natural Resources Management Department and .the Community Development Divisiion for their review and approval. This plan will depict the incorporation of native species and ,their mix with other species. The goal of site landscaping shall be the recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. Exotic Plant Removal All exotic plants, as defined in the CountylCode, shall be removed during each phase of construction from -19- development areas, open space areas, and preserve areas. ~ollo~ing s£te development, a maintenanace program shall be implemented to prevent r~invasion of the site by such exotic species. A maintenance plan, which will describe control techniques and inspection intervals, shall be filed with and subject to. approval by the Natural Resources Management Department and the Community Development Division. De Archaeological and Historical Sites If, during the course of site clearing, excavation, or other constructional activities, an archaeological or .historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural ResourCes Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper cause of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely, efficient manner so as to provide only a minimal interruption to c~nstruction activities. Paving Surfaces The petitioner shall investigate the use of paver bricks as surface material to be used on road and parking area surfaces proposed for paving to promote more thorough ground water ~ercolation, reduce the effects of chemical runoff, and heat absorption, and to provide an aesthetically appealing method of road surfacing. 5.10 STIPULATIONS In addition to the requirements previously set forth herein, the developer has agreed to other stipulations with the county planning staff concerning the project and its developm,nt as follows: A. Water Management Department l} Upon approval of this PUD ordinance, no further building permits will be approved by the Water Management Department, except for any construction -20- around the ex£sting south lake, unt£1 an appropriate modification to SFWMD Permit No. 11-00225-S has been apgroved by the SFWMD and a copy is provided to the Nater ~anagement Director. Excavation Permit No. 59.141 shall be transferred to Warrenton Enterpr£ses Corporation, N.V. No building permit will be issued adjacent to the north lake until ¢omple:£on of the excavation of the north lake in accordance with Excavation Permit No. 59.141. -21- dst of rtbruarT, consideration of the s~u of TE~ DO~LA~S ($10.00) and other valuable consideration to Grantor in hand paid bT Grafltee~ receipt vheteo~ il hereby Icknovlt~9~, has granted, ~tga/ned, The West 2/2 at the Emit 2/2 o£ the So~tbvest 2/4 o~ Sec:ton 23, tovflshLp 4~ South, ~ange %asa, Collier CoufltTwFlotida! and The South %/2 o~ the Mesa 2/2 o~ th. EASt, CoAl/er CoufltT, Florida, 3ess the ~est to the cofldom/n~tm %orm of OvnerhsLp £ot Vorld Tennis Center 'X"~ I co~domL~/~ County, Florida, There Js excluded here~toa units end ~e eppur~en~n~ cough e~eB*n~s ~.fluar~, 2s82, by u.T.~., 2,c., i F~or~da cor~rlt~on; Jfld ~ARR~NTON ~NT~RXSCS CO~O~TIO~, ~.V.~ a Nether%ands AAcLXXes cot~tat~on authotAze~ to transact Florida, as a Joint venture doLng business as venture, as Mortgagor, and CZ~lCO~ ~A~ recorded lA O~ficial ~ecordl Book ~53, Page I~Y3~ el ~e Fublic ~ecords of Collier Counted Flor~, as modified ~ ~IC certain ~ODIFX~TXON or N~E ~O NO~TGAGC dated ~uly recorded Ln O~f/cia% Records BooX t?J, page e~ ~e Pub~ Records e~ Co~et Ceunty~ Florida and as further B~/%Led by thac certain AG~g~:~T dated October 7; 2~82 ~tveen ~e Mortgagor and Nortgagee and recorded in Records ~ook ~0~ pago 1147~ al ~s ~ubll~ EXIIIBIT "1" .... O01 J 90 O0 J 007 51 "~:~ · SUL~ECT also to · ~ortgage to Narine Savings LOin Isaac/etlon oK ~Zorida, recorded In O£r~Clal ~ecords Ao~k 2174, ~age 3SJ~ of tho Public Accords of Collier County, Florida.' sun~£cr also to conditions, restrictions, ~ ~e ·aid Granter does here~ specially var:ant title to said 2and and viZ2 de,end ~t s~e against ~e · cla~a o~ a~2 ~rnona clab~flg by~ ~cough and u~e~ At a~ no other· aa o~ such date. pa~eflt o~ ~e debt secured by ~e foregoing mortgages. The. deed L. gL,em Ln o,der ~ ~:~ to Oran~.. an7 o~ ~e ~oiflt venture kno~ as MOFXd ~*fl~s Cen~eF ~soc/ates which has heretofore ezisted ~tveen G~afl~ot an~Orafl~ee vi~ zes~ct to such 2~ MI~ESS~E~0F~ ~e said Grantor has caused ~ese ~esefl~s to be executed as provided ~ 2ay, on ~ls, ~e day a~ year first above written. S1~fled, Sealed and ~ellve~ed In ~e presence o~ X J~a~ C~X~I~ that th9 foregoing t~scrumefl~ vas ~o~ary Public . ~S conveyance is ~lng ~de V~n ~e tenlnat/on of'a The grantee ~s ~en a~ rill con~nue ~ ~ individually liable all ~tes which ~e seared ~ ~e Bortgages which being ~ansfe~ s~lect ~. Accordingly, only n~lnal *- s~ps ire re~ed. E~HIBIT "1" -2- ~'litl .~nbrllllzr?. ~ ~ I1~ d,~ ~ ~cember d~d ~l Angeles .~ Clli~or~l~ · X. T., $ Netberlangs Antilles corporation qullltleG to do bull·ell ~4,~ 3~1 Worth ~edersl Ten tnd 00/100 (5 10.00) ~~~ Collier- ~e Ves~ t of ~he ~s~ t of ~he 3ou~h~s~t of ~ec~ioe 13, T~ship 49 ~outh, Range 25 (Tb~ th·ye ntme4 L~ntee is · .1oi·~ venture doing business ~ ~li~. i 72ori~ ~o~: venture.) .~,J~ J. ~ ~ - OO?IIS.S~ g~zj)ntt m~os 0~0953~'~.- ~ 0019!I; P~ f Legal description for WORLD TENNIS CENTER: The West 1/2 of the East 1/2 of the Southwest 1/4 of Section 13, Township 49 South, Range I 25 East, Collier County, Florida~ and The South 1/2 of the West 1/2 of the Southwest 1/4 of Section 13, Township 49 South, Range 2S East, Collier County, Florida, less the West 100 feet thereof. EXHIBIT "3" DATE TO: 1~ OM 'JU;; ? ' June 26, 1987 ~'"~'~ .... '.'-. * .... * ~n HtR.tm, Planning Department ~ohn ~. MadaJevskt, Utilities £nsineerin$ Dlrector~?l~ Petit/on R-87-20C, Vorld Tennis Center We have revioved the above referenced Petition and have no objection to the rezone ss requested. Rovever, ye require the follovtng stipulations · s · condition to our reco~mendation for approval~ A) Water & Sever 1) Water distribution ·nd sevage collection ·nd transmission systems rill be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida, Water and sever facilities constructed vtthin platted. rightsgof-vay or vithin utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and tabulations in effect at the time of conveyance. 'ill rater and sever facilities constructed on privets property ·nd not required by the County to be located vithin utility easements shall be ovned, operated and maintained by the Developer, his aasiBns or successors. Upon completion of construction of the rater and sever facilities vlthin the project, the facilities rill 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 utility facilities, County o~ed or privately o~.~ed, into service. Upon completion of the rater and/or sever facilities and prior to the issuance of Certificates of Occupancy for structures vithin the project the utility tacilities shall be con- veyed to the County, vhen required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the'time conveyance is requested. 2) All cons~ruction plans and technical specifications an~ proposed platao if applicable, for the proposed rater distribution and collection and transmission £actltttea must be revieved and approved by the Utilities Division prior to commencement of construction. 3) All customers connecting to the vater distribution and aevage collection facilities rill be customers of the County and viii be billed by the County in ·ccordance vith the County's established rates, Should the County nq~ be in · position to provide ~ater and/or sever service to the project, the rater and/or sever customers shall be customers of the interim .utility established to serve the project until the County*a off-site rater and/or sever facilities are available to serve the project, EXHIBIT 4., To: Ann NcKlm~ Plannin~ Department June 26, 1987 &) It ia anticipated that the County Utilitles Division will ultimately supply potable va=er to meet the cons~ptive 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 wes=eva=er at the time development commences, the Deve!oper, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilit~es adequate to meet all requirements of the appropriate regulatory agencies. 5) An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, leg;lly acceptable to the County, prior to the approval of coast,.ut=ion documents for the proposed project, stating that: a) The proposed va=er supply and on-site treatment facilities and/or on-site vas=eva=er treatment and disposal facilities, if required, are to be constructed as part of the proposed project and ~ust be regarded ab interim; the~ shall be constructed to State and Federal standards and are to be Dbmed, operated and maintained by the Developer, his assigns or successors until such time aa the County's o~f-site water facilities and/or o/f-site sever fac~lities are available to service the project. The in=erie treatment facilities shall supply services only to those 2ands owned ~y the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide va=er and/or sever service outside the development boundary approved by the County without the written consent of the County. b) Upon =onnection to the County~a-off-site va=er facilities, and/or sever facilities, the Developer, his assigns or successors shall abandon, dismantle and remove ~rola the site the in=erie water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of £1orida standards. All work related with this activity shall be performed at no cost to the CountX. c) Connectio~ to the County's off-site va=er and/or sever facilities ~il1 be made by the o~rnere, their assigns or successors at no cost to the County within 90 days a~ter such facilities become available. The cost of connection shall include, but not be limited to, all end/amerind design and preparation of construction documents, permittinE, m-difica.. =Ion or refit=ins of existing sewage pumpinS facilities or conscructiot~ o! ne~ =aster sewage pumping facilities, interconnection with County off-site facilities~ water and/or sever lines necessary to make the connection(a)~ etc. EXHIBIT "4" To: ~nn NcKim, Planning Department ?age 3 June 26, 1987 d) At the tine County off-site water and/or sever faciIities ere available for the project to connect with, the following water and/or sewer facilities shall be conveyed ~o the County pursuant to appropriate County Ordinancen and Eegulations in effect at the ti=e: 1) All water and/or sever facilities constructed in publicIy owned rights-of--way or within utility easements required by the County within the project lintts required to make connection with the County's off-site water and/or sewer facilitiesl or, 2) All water and sever facilities required to connect the project to the County's off-site water and/or sever facilities when the on-site water and/or sever facilities are constructed on private property and hOC required by the County to be located ~ithin utility easements, includinl but not limited to the follovinl: a) Eain sewage lift station and force hain. inter- connecting vich the County sever facilities including all utility easements necessaryl b) Vater distribution facilities from the point of connection with the County's water fa~ilities leo the master water m~ter serving the project, including all utility easements necessary. e) The custoners served on an interin basis by the utility systen constructed by the Developer shall become customers o! the County at the tine when County off-sits water and/or sewer facilities are available to serve the project and such connection is made. Prior to c'onnection of the proJec~ to the County's off-site water and/or sewer facilities the Developer, his assigns, of successor[ shall turn over to the County a complete list of the customers served by the interim utilities sys~en and shall not compete with the County for the service o[ thos~ customers. The Developer shall-also provide the County with a detailed tinventory of the facilities sen'ed within the project and the entity ~hich viii be responsible for the water and/or sever service billing for the project. f) All construction plans ~nd technical specifications~ related to connections to the County's off-sit~ water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to co~ence=en~ of cons~ruction. EXHIBIT To: ~A~n HcKL~,~Plann~n& Depsr~ent June 28, 1~87 S) The Developer. his ssstSns or successors agree to psy all system development charges at the time that Bulldin$ remits are requ~red, pursu~n~ to ~ppropr~ate Coufl~y Ordinances and ReguXa~ons the cane of Pe~i~ request. ~is requirenen~ shall be ~e kno~ prospective buyers of properties for which buildini pe~ics v~ll be' required prior Co ~he s~ar~ of buildin~ cons~ruc~iofl. h) ~e ~ounc~ ~11 lease ~o ~he De~eloper ~or operation and'nain~enance ~he vf~r gis~rib~ion and/or se~ate collection mhd ~rfnsmi~siofl system ~or the s~ of SIO.O0 per ~ear~ ~hen such system is no~ connected ~o ~he o~f-si~e ~acer and/or se~er faclli~ies o~ed ond opera,ed by ~he ~oun~y. Te~s.o~ the lease shall be ge~e~ined upon completion of ~he ~roposed ~ili~I cons~c~ion and ~rior co fc~iva~ion oI ~he va~er supply, crea~uenc ~nd dis~ribucion facilt~ies and/or ~he aerate collec~ion, transmission and ~rea~en~ ~acill~ies. %e Lease, if req~ired, s~all re. tn iff effect until the County can provide water and/or sever se~lce through its oii-si~e iacili:ief or un~il such tine thai'bulk ra~e water and/or sever semite agreements.are nelocia~ed vi:h the system sfrvtn~ the project. ~) 'Data required under ~unty Ordinanct No. 80-112 shoving the fylil- fbility of ftvale fenice, ~s: be submitted and approved by the Ocili~ief Division prior ~o approval of the cons:ruc~ion doc~ents for the project. SuSie a copy of the appr~ed DER pe~lCs collection and transnissi~n systens and the vastewacer treatnen: to be ucilized~ upon receipt thereof. C) If sn in,erin on-site water supply, {reacmen: and ~rans=ission iacili:y is u~tlized ~o se~t the proposed project, ic must be properly sizft ~o supply average and peak gay t~es:ic de.nd, in addiCtofl ~o fire fl~ de.nd at ~ r~ce ~pproved by the appropriate Fire Con:to1 District ffrvicin~ the proJfcc area. . D) Conscruc~ion and ~ership of the va:er and sewer facilities, includinG ~ny proposed in,erin va~er and/or sewage trea~nefl~ ficili~ies, shall be in c~pliante vi:h all 0~ili:ies Division Standards, Policies~ Ordinances, Prat:ices, fcc. in ef/ec~ at the tine coflst~cCion approval is raquested. E) De~ailed hydraulic design reports covering the water dis~rib~ion and sewage.collection and ~ransmission systems ~o serve the pro~ec~ ~us~ be submitted vi~h the cons~rvc~ion documents for ~he project. The reports shall lis~ all design ass~pcions, de~and ra~es and o~her factors per,in, nc ~o the system under consideration. EXHIBIT June 26, 1987 " Y) SeccLon 5.& UCLILtLea of the ~ document shal~ be revised to make reference to thLs memorandum, by date. and specify the ?eC~tioner's acceptance of the scipu~ations contained herein. A revised copy of the FLTD document and draft Ordinance for the rezoning approval must be sulmnitted to the Uc~lities Division for review and approva~ prior Co the Petition be~n~ considered by t~e ~oard of County Commiss~onere. cc~ K~chard C. Grant Nezshon, Sa~ryer. Johnston, Du~vody & Cole ~00 F~fch A'~enue. $oucho Suite lO~ Naples. F~or~da 3~9~0 EXHIBIT STATE OF FLORIDA CO~l"f OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the ~{entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinahce No. 87-93 which was adopted by the Board of County Commissioners on. the 17th day of November 1987, during regulgr session· WITNESS my hand and'~he official seal of'the Board of County Commissioners of Collier County, Florida, this 18th day of November, 198T, JAMES C. GILES ' '.'-., Clerk of Courts and .~l~r.k Ex-officio to Coun tv-Corem i s s iq~..r s~. %%% ~... ;,~. ,-, / ',~ .~.~ :- '../, ~'~'~'~~2' - '~