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Ordinance 99-90ORDINANCE NO. 99-9 0 AN ORD~qqANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN MARSH COMMUNITY PUD FOR THE PURPOSE OF AMENDING ORDINANCE NO. 99-33 HAVING THE EFFECT OF ADDING 141.6+ ACRES FOR ADDITIONAL MIXED USE RESIDENTIAL AND GOLF COURSE DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2213.6+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-33 THE FORMER PELICAN MARSH COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE. Clorl WHEREAS, George L. Varnadoe of Young, van Assenderp, Vamadoe & Anderson, P.A,.~ represent'{ng~ WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning ~'aslifieatio~: ofi i.' , - ; ..... ) the herein described real property. }'" ~ c., NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS:S~NERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8631N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO; Ordinance Number 99-33, known as the Pelican Marsh Community PUD, adopted on May 11, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florid. this 44/~:Z day of ~ 999. ATTEST: DWIGHT E. BROCK, Clerk signature aais Approved as to ~orm and Legal Sufficiency MarCor0 M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: P~OMAN This ordinance filed with the jretory of St~lte's Office the ay of and acknowledgement of that filin, g~d'eceived this ~ day g/admin/ ORDINANCE/PUD-93-OI(5)/RN/im EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6:k Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: YOUNG, van ASSENDERP, VARNADOE & ANDERSON, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 PUD 93-1, ORDNANCI~ 93-27 - ORIGINAL PUD 94-9, ORDINANCE 954 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY B CC ORDINANCE NUMBER TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE DISTRICT RESERVE DISTRICT CULTURAL CENTER DISTRICT ACTIVITY CENTER DISTRICT GENERAL DEVELOPMENT COMMITMENTS LIST OF EXHIBITS PAGE ii 111' 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 Exhibit A Map H-3 (Revised Map H) Master Plan Oohnson Engineering, 19991406) STATEMENT OF COMPLIANCE Inc., File No. The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the "Developer," to create a Planned Unit Development (PUD) on 2213.6 + acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Pelican Marsh Community. The development of Pelican Marsh Community will be in general compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed density of Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four units per acre. Certain parts of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three units per acre. Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The development of Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code Planned Unit Development District. Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to the west ~A corner of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039, 12" West 827.69 feet; thence leaving said line North 89°20'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05034'48.. East 3545.96 feet to the south line of said Section 27; 2) South 05033. 10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042, 18" and being subtended by a chord which bears South 00°47'59'' West 619.60 feet; 4) South 07009'08'. West 1675.64 feet to the. boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pir~ Ridge Second Extension in tho following eight (8) described courses: 1) 2) 3) 4) 5) 6) 7) South 89050'58" West 88.:21 feet; North 31°34'00" West 120.19 feet; North 05037. 10" West 956.47 feet; South 74°46'39" West 379.98 feet; South 12004'43" East 23.53 feet; South 87°09'43" West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a cemral angle of 64046'40" and being subtended by a chord which bears North 48050'02'. West 1757.26 feet; l-1 8) North 81°13'22" West 737.85 feet; thence leaving said plat boundary North 00003'39'' West 707.85 feet; thence South 89033'32'. East 336.81 feet; thence North 00026'28.' East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16034' 19" and being subtended by a chord which bears North 08043'37'' East 37.47 feet; thence North 17000'47.' East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a cemral angle of 94059'52.. and being subtended by a chord which bears North 30029'09.. West 582.44 feet thence North 77059'05'' West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29059'57.' and being subtended by a chord which bears North 62059'06" West 414.10 feet; thence North 47059'08'' West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a cemral angle of 42040'04'' and being subtended by a chord which bears North 69019. 10" West 601.07 feet; thence South 89020'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20'' West 665.92 feet to the Point of Beginning;' LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida, being more particularly described as follows: BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033'32'. East 306.56 feet to a point on the west line of Tract WF-I (Drainage Easement) according to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00°00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a cemral angle of 07°13'26" and being subtended by a chord which bears South 88°15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Fii, e; thence along said line North 00003'39'' West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. 1-2 Bearings are based on the north line of said Pelican Marsh Unit Five being South 89°33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ~A corner of said Section 27; thence along said west line North 00039. 12" West 827.69 feet; thence leaving said line North 89020'45" East 577.78 feet to the Point of Beginning of the parcel herein described; thence North 57°47'59" thence North 68°35'21.. thence North 00039. 12" thence North 77°43'40" thence South 72°59'03" thence South 00039. 15" thence North 89020'45" thence South 00039. 15" thence South 89020'45.. described. East 46.92 feet; East 110.88 feet; West 187.52 feet; East 573.08 feet; East 785.48 feet; East 27.71 feet; East 503.78 feet; East 100.64 feet; West 1957.22 feet to the Point of Beginn. lng of the parcel herein Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039, 12" West. AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west one quarter comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00"39' 12" West 827.69 feet; thence leaving said Section line North 89°20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89"20'45" East 366.45 feet; thence South 00°39' 15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" and being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point of compound curvature; 1-3 thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75°24'06" and being subtended by a chord which bears South 07°14'23'' East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord which bears South 02°54'07.' East 142.99 feet to a poim of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98024' 12" and being subtended by a chord which bears South 12056' 10" West 105.98 feet; thence south 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius of 30.00 feet through a central angle of 93006. 13" and being subtended by a chord which bears South 15°35'10" West 43.56 feet; thence South 30°57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord which bears South 23°49'37" East 19.89 feet; thence along a non-tangential line South 84°13' 14" East 158.41 feet; thence South 80055'24'. East 183.78 feet; thence South 81°52'51.' East 180.90 feet; thence South 00°00'00" East 261.28 feet; thence North 90°00'00'. West 394.57 feet; thence North 00°00'00" East 271.73 feet; thence North 84°13. 14" West 120.32 feet; thence South 33°05'40'. West 54.13 feet; thence South 76°56'51" West 89.04 feet; thence North 58°35'21" West 65.19 feet; thence North 15°31'55'' West 74.80 feet; thence North 00°41'41" West 115.24 feet; thence North 28°22'47'' East 171.51 feet; thence North 17011'45'' West 106.79 feet; thence North 13002'52'' East 28.51'feet; thence North 73036' 14" West 54.78 feet; thence South 49°16'08' West 112.78 feet; thence South 89047'08.' West 53.08 feet; thence North 58°00'49" West 50.49 feet; thence North 00039. 12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being North 00°39'12.' West. 1-4 AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west IA corner of said Section 27; thence along said west line North 00°39' 12" West 827.69 feet; thence leaving said line North 89020'45'. East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89°20'45'' East 787.88 feet; thence South 84045'32'' West 23.43 feet; thence South 74°56'42'' West 121.32 feet; thence South 79°49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39°30' 16" and being subtended by a chord which bears North 80°25'01" West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20o12'57'' and being subtended by a chord which bears North 70°46'21" West 52.65 feet; thence North 80052'50'' West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33004' 13" and being subtended by a chord which bears South 82°35'04" West 45.54 feet to a poim of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36026' 18" and being subtended by a chord which bears South 84°16'06'' West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangemial circular curve concave to the south having a radius of 305.00 feet through a central angle of 12055'58'' and being subtended by a chord which bears North 83°58'44" West 68.70 feet; thence South 89°33'17'' West 18.36 feet; thence South 89o39' 11" West 71.63 feet; thence North 89°35'0Y' West 36.03 feet; thence South 86o06'33" West 42.94 feet; thence South 83°44'08" West 26.23 feet; thence South 51°01'05" West 27.49 feet; thence South 33025'42'' West 19.95 feet; thence South 15°39'57'' West 20.54 feet; thence South 10°54'31" thence West 34.64 feet; South 89°20'06'' West 101.06 feet; thence North 10045'58'' East 101.42 feet to the Point of Beginning of the parcel herein described. ' Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00o39' 12" West. I-5 AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ~A corner of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89°20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89°20'45'' East 443.43 feet; thence South 05034'48'. East 147.72 feet; thence South 89°20'45" West 51.56 feet; thence North 23°56'01" West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21059. 53" and being subtended by a chord which bears North 12056'04.' West 30.53 feet; thence North 05°01'01" West 31.56 feet; thence North 36°19'27" West 32.02 feet; thence North 56°04'43'' West 35.11 feet; thence North 80039'23'. West 32.53 feet; thence North 88039'20'' West 97.78 feet; thence North 86004'48" West 45.79 feet; thence North 89°49'56'' West 132.77 feet; thence North 69040' 18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039. 12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at thc northwest comer of said Section 35; thence along tho north ling of said Section 35 North 89045'35'' Fast 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00°31 '47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89039'22" West 2541.65 feet to the south ~A comer of said Section 35; thence continue along said south line South 89039'32.' West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89051'02'' West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01003'33.' West 295.29 feet; i-6 thence continue along the boundary of said parcel South 89°51 '02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07009'08.. East 1729.52 feet; thence cominue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42'18" and being subtended by a chord which bears North 00°47'59" East 648.37 feet; thence continue along said right-of-way line North 05°33. 10" West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89°31'31" East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02012'03" East 2671.63 feet to the east IA corner of said Section 36; thence continue along the east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89°39'39" West 2855.35 feet; thence continue along said line North 89°43'59" West 2544.87 feet to a pOint on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00031'47.. West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89027'57.. East 15.00 feet; thence along the east line of said land North 00°31'47" West 80.00 feet; thence along the north line of said land South 89027'57" West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); thence along said right-of-way North 00°31'47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89°27'57" East 3914.28 feet to the southwest corner of the east ~ of the east ~,6 of said Section 25; thence along the west line of the east IA of the east IA of said Section 25 North 01054'09" West 2668.19 feet; thence continue along the west line of the east ~A of the east ¥~ of said Section 25 North 01°57'16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89014'36" East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02006'59" East 2569.75 feet to the east IA corner of Section 25; I-7 thence cominue along said east line of Section 25 South 02o00'46'' East 2670.97 feet m the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35'' East. AND TOGETHER WITH THE FOLLOWING DESCRIBED SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, FLORIDA: PARCELS WITHIN COLLIER COUNTY, Parcel I: N lA of the SE IA of the SW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel II: S 1/2 of the NE IA of the SW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel III: N IA of the SW IA of the NW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel IV: S ~/2 of the SW IA of the NW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI: N 1/2 of the SW ~A of the SW IA of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW ~A of the SW ~A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, H, IH, IV, VI and VH contain a total of.141.61 acres, more or less. Total parcel contains 2214 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. 1-8 1,4 GENERAL DESCRIPTION OF PROPERTY Ao The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and hnmokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development), A (Rural Agricultural) and A-ST. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. Do The soil types on the site generally include Immokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land Holopaw Basinger Complex; Urban Land Immokalee Oldsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval, and Map E of the NOPC. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Conununity Application for Development Approval, and Map F of the NOPC. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I 1-9 of the Pelican Marsh Community Application for Development Approval, and Map I of the NOPC. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statu..te.s., as a Development of Regional Impact (DRI). Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the community, which is below 80% of any applicable DRI threshold. 1.6 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density, therefore, will be a maximum of 2.16 units per acre. At all times all property included within the Pelican Marsh Community shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. 1-10 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PIJRPOSE The purpose of this Section is to generally describe the plan of development for Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Pelican Marsh Community, a private community, will include a broad range of single family and multi-family housing, 72 holes of golf with clubhouses and other associated facilities, a master planned activity center including a resort hotel and cultural facilities, stormwater management lakes, open spaces, and reserve areas. The Master Plan is iljustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A." A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. GENERAL COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Pelican Marsh Community shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. 2-1 Co Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. Do Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development.of the land which comprises this PUD. Eo All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. F° The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. Go The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Stattllgs. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, 2-2 unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.'7.2 of the Collier County Land Development Code. The Developer, also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for .engineering and safety considerations during the development review process andprior to any installations. 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and r~finements as described in Section 8.3 of this PUD document may be 'made in connection with any type of development or permit application required by the Collier County Land Development Code. 2-3 2.10 2.11 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 Structural walled berms - vertical Bo Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Ce Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. De Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set 2-4 2.12 2.13 forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive, height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. FILL STORAGE Fill storage is generally permitted as a principal use throughout Pelican Marsh Community. Fill material generated from properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3:1 B. Stockpile maximum height: thirty-five feet (35') Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212, 214, 422, 424, 740. Eo Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. Soil erosion control shall be provided in accordance with Collier County Land Development Code Division 3.7. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. 2-5 Pelican Marsh Community is planned as a private, large-scale, functionally interrelated cormnunity under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include t~atures and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific design guidelines and standards by Collier County and Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to PMDRC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required prior to the commencement of construction or alteration of the land specifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a ease, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are under process by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2-6 2.15 2.16 PRELIMINARY SUBDMSION PLAT PHASING Due to the size and anticipated build-out period of Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in Reserve District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. ° Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage subject to the standards set forth in Section 2.12 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 2-7 2.17 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - one half (1/2) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - twenty-five feet (25'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space/buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2-8 2.18 2.19 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25 % of the viable naturally functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. SIGNAGE All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum of ten (10) boundary marker monuments shall be permitted. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. Each side of a boundary marker monument may contain up to four (4) individual project, business or direction identifications (message areas), as long as the total sign face area does not exceed 64 square feet of area. The size of the words, letters, graphics', and the typography and color scheme used in each individual project, business, or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four (4) individual project, business or direction identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of words, letters, graphics, and the typography and color scheme used in each individual project, business or 2-9 directional identification on an entrance sign shall be similar to and consistent with the other identifications placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where three 1-sided entrance signs may be permitted. Go Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless tile sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. Ho Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 2-10 SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R." 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of ali development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code~ Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 3-1 3.5 Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools (public or private). Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be. developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the 'R' Residential District. 3-2 Bo Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi- family dwellings, water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted ROW or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "c" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which arc separate from any roads which serves a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where thc parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with thc exception of cul-de-sacs serving 24 units or less. 3-3 He Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defmed as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from th~ main house are permitted providing that: 1) The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence; 2) The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3) The cabana structure may not contain primary cooking facilities. 3-4 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED PERMITTED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category 1 2 3 4 5 ~8 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF*4 3,000 SF 1 AC 1 AC Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 *3 20 *3 20 *3 25 25 Front Yard for 15 10 10 10 15 15 Side Entr~ Garage Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 OR .5 BH Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessot~ 10 5 10 10 15 15 Rear Yard Special *1 10 5 10 10 .5 BH .5 BH Maximum Building Height 35 35 35 35 · 50 50 *2 Distance Between 15 10 0 or 15 .5 SBH .5 SBH .5 SBH Principal Structures Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1003 SF*8 N/A*7 BI-I: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Ali dimmes arc in feet unless otherwise noted. *1 - With approval from PMDRC, rear y~ds for principal suuctums on lots which abut golf oourse, lake, open space, or reserve areas. Setback from ialm for all principal and accessory uses may be 0' providing architectural bank Ireatment is incorporated into design and subject to written approval from Planning Services Deparunent. w~h ~.~,roval ~m PMDRC, front yard~ shall be mo~u'ed as follows: A. if the parcel is served by a public right-of-way, seRmck is measured from ~he adjacent right-of-way lira. B. If.the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 - Building height shall be the vertical distnncu measured from the first habimbl~ finished floor elevation to the uppermost finished coiling elevation of th~ suuctum. *3 - Single family dwellings which provid~ for 2 parking ~paces within ~n enclo~l ~ara$o tnd provldo for guest parking other Oum in priva~ driwways nmy reduc~ thc fron~ yard requirement to 5' for the garage and 15' for ~he remaining structures. ~4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. 3-5 *6 - Zero feet (0') ~r a minimum of five feet (5') on either side except that wbere thc zero feet (0') yard op~on is ,u, tilizcd, thc opposite side of the structure shell have a ten foot J(iO') yard. Zero.f'~et (0') yards may be used on both sides of a structure provided tint the opposite ten foot (10) yard is provided. Patios, pools and screen enclosures may ~/' encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from thc adjoining dwelling unit owner. *7 - For demity comparison, each residential unit shall equal 4.0 ALF units. *8 - Structures east of Airport Road have a minimum floor area of 750 S.F. 3-6 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 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 courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4-1 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. Any other accessory use' which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS Principal structures shall be setback a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (lA) the height of the structure. Be Accessory structures shall setback a minimum of ten feet (10') from "C-CO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (IA) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 4-2 Eo Fo Go Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-3 SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents. 5.3 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 Passive recreational areas, boardwalks, including recreational shelters and restrooms. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments., o Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 5-1 5.4 5.5 o Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. DEVELOPMENT STANDARDS Ao All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Bo Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and fl6or area standards apply to principal structures. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the R~serve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April 19, 1994. 5-2 6.1 6.2 6.3 6.4 SECTION VI COMMUNITY FACILITY DISTRICT PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as" CF.' MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated "CF.' GENERAL DESCRIPTION Areas designated as "CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the "CF" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center. tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 2. 3. 4. Churches and places of worship Governmental buildings Child daycare facilities Civic, social and fraternal associations 6-1 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "CF" District. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Recreational facilities. Classroom facilities. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the" CF" District. 6.5 DEVELOPMENT STANDARDS Principal structures shall be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. Co Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonablo interference. E: Maximum height of structures - Eighty feet (80'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). G. Minimum distance between all other principal structures - Twenty feet (20'). H. Minimum distance between all other accessory structures - Ten feet (10'). 6-2 I. Minimum floor area - None required. J. Minimum lot or parcel area - None required. Ko Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6-3' SECTION VII ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "AC." 7.2 MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,000 square feet of medical offices; and 450 hotel rooms may be constructed on lands designated "AC." 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Pre. liminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. .Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 4. 5. 6. Accounting, Auditing and Bookkeeping Services (Group 8721). Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7-1 7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oilfield equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8. Commercial Printing (Group 2752, excluding newspapers). 9. Depository Institutions (Groups 6011-6099). 10. Eating and Drinking Establishments (Groups 5812, 5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Food Stores (Groups 5411-5499). 13. General Merchandise Stores (Groups 5311-5399). 14. Glass and Glazing Work (Group 1793). 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999 ) 16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 17. Health Services (Groups 8011-8049, 8082, 8093, 8099). 18. Holding and Other Investment Offices (Groups 6712-6799). 19. Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). 20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). 22. Legal Services (Group 8111). .. 23. Libraries (Group 8231). 24. Membership Organizations (Groups 8611-8699). 25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fu'e equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 26. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 27. Motion Picture Theaters (Group 7832). 28. Multi-Family Dwellings including Garden Apartments. 29. Non-DepositorY Credit Institutions (Groups 6111-6163). 30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 31. Real Estate (Groups 6512, 6531, 6541). 32. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) 33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) 34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 7-2 Bo 35. 36. 37. 38. 39. 40. 41. 42. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). Social Services (Groups 8322-8399). United States Postal Service (Group 4311 except major distribution center). Veterinary Services (Groups 0742, 0752 excluding outside kenneling). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either thc hotel located within thc activity center or thc entity owning the golf resort use. Each residential unit shall constitute and be counted as one of thc 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "AC" district. 7-3 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: ° 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - One hundred feet (100'). D. Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). F° Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feet. H. Minimum lot width - Seventy five feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. 7-4 Ko The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. 7-5 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of Developer within Pelican Marsh Community. 8.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns, shall be bound by said documents, commitments, and stipulations. 8.3 MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an iljustrative preliminary development plan. The design elements and layout iljustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Phn upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD document. 8-1 Bo The minor change or ref'mement shall meet the criteri°n of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abuaing land uses, water management facilities, and Reserve areas within or external to the PUD. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 8.3.A: 1. Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into Reserve areas. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refmements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. Approval by the Development Services Director of a minor change or ref'mement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 8-2 8.4 8.5 8.6 8.7 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. SUNSETTING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. TRANSPORTATION The developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. The developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. The developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Collier County and Developer entered into an Agreement dated Sanuary 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community 8-3 Fo Go He property; and to address environmental permitting for the expansion of Goodlette- Frank Road from Immokalee Road to VBR. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer, upon request by Collier County, so long as that right-of-way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16). Florida Statutes., 1992, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged benefits to both the County and Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within ~he area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh Community PUD boundaries. "Differential Cost" means the reasonably ascertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. The cost for design, permitting, and construction of the expansion to Goodlette- Frank Road Overpass structure to expand said structure from two (2) lanes to up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to 8-4 apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document Section 8.7 at paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlette-Frank Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road overpass structure to meet the 2020 Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. Payment of Road Impact Fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. Jo These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. Ko The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt.Beach Road right- of-way and north of Hickory Road right-of-way. This buffer shall include a minimum six foot berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Conununity shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit tho Community. Such access may be restricted by the developer to maintain the privacy and security of thc Pelican Marsh Community residents. Vehicular, pedestrian and bicycle access connections between the Pelican Marsh Community and thc Activity Centers located at the Vandcrbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41 intersection shall not be required. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center 8-5 uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. Oo The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. Developer shall be entitled to impact fee credits for this dedication pursuant, to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC. 8.8 WATER MANAGEMENT Ao An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. Be A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. 8-6 Fo Go All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed Crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee Strand Restoration Plan is certified complete to South Florida Water Management District. Water management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. 8.9 Ho If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. The rate of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will b~ determined by SFWMD during the surface water management permitting process. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. 8-7 Do Eo Fo Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. The project will be served by central potable water distribution, fire protection and sewage collection facilities. Irrigation water will be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution #93-187), as amended, and other applicable County rules and regulations. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family only. Use of the services will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project, must be. connected to the Collier County Water-Sewer District's (the Distric0 water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible. The project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all 8-8 Lo Me aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction' of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility line will be the responsibility of the Developer its successors or assigns. Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the developer annually based on meter installations. Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to 8-9 8.10 be expenses that are eligible for impact fees credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the impact fee ordinance. ENVIRONMENTAL In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community Environmental Supplement submitted in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance//93-27. This provision shall apply to the Developer, its successors, or assigns. Pursuant to Collier County Land Development Code Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD ElS cited in provision 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Commutfity Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as def'med via County Ordinance #93-27. Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code S~tion 3.8.5.4; 1.5.d. and e. The Collier County 'ST' overlay has b~n eliminami and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee 8-10 8.11 Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO" District and to the Xeric Scrub Conservation Area. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving more than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the street. s All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: The right-of-way section shall include two twelve foot (12') wide travel lanes, and 8-11 8.12 the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty feet (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. All other cul-de-sacs are required to have a minimum fifty feet (50') right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. All other local streets are required to have a minimum fifty feet (50') right- of-way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions are desired per Section 8.11.A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1000'). Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3:1 in accordance with FDOT MUMS, page III-35. PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge 8-12 Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 8.14 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of the dedication. PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A. Permitted Use Bo 1. The school site shall only be improved for and used as a school for school purposes. Building Setback Lines, Size of Building and Building H~ight The minimum setback of any structure (including temporary, accessory and portable structures) from a property line or right-of-way line shall be twenty- five (25) feet on the northern and western property lines and fifty (50) feet on the eastern and southern property lines. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) feet in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and 8-13 8.15 Eo landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. Signs Any sign installed in, on or placed within the School Site shall be no larger than ten (10) feet in length by five (5) feet in height. Lighting of any sign may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. Outdoor Equipment All garbage and trash containers, oil tanks, bottled .gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent properties. All active sports areas including baseball, soccer, basketball, football, etc., shall bc setback twenty-five (25) fcct from the easterly and southerly property lines. NOTIFICATION OF PROXIMITY TO COUNTY FACILITY o Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: 8-14 "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that Developer shall comply with the requirements of said ordinance or regulation, where applicable. F:\users\Valarie\wp8\pelican marsh touchstone\misc\pud final 120199.wpd 8-15 ~nnnnnnr~~nnnnl STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, 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. 99-90 .*-::r~'~ Which was adopted by the Board of County Commissioh~s O-~ C."~ ::~ ~ ~'~ the 14th day of Dece~er, 1999, during Regular Session. WITNESS my hand and the official seal of the Board - County Commissioners of Collier County, Florida, this' 15t[ day of December, 1999. DWIGHT E. BROCK Clerk of Courts and Ex-off~cio to Board~?~.~¢ County Commis s ioner ~"~;~ :?; By: Ellie Hof fman, Deputy Clerk