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Ordinance 99-93ORDINANCE NO. 99- 9 3 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 160102, 062526 AND 063536 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDING CYPRESS FOR A MAXIMUM OF 2,892 RESIDENTIAL DWELLING UNITS, GOLF COURSE, AND A MAXIMUM OF 30,000 SQUARE FEET OF RETAIL, OFFICE AND RECREATIONAL USES, LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF U.S. 41 EAST AND SOUTH OF SABAL PALM ROAD IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alan D. Reynolds, AICP, of WilsonMiller, Inc., and Ge°rgel L. tv, arnadde of Young, van Assenderp Vamadoe and Anderson, P.A., representing Barren COllier (~oml~n~, petitioned the Board of County Commissioners to change the zoning classific3ti,~n(.; :., ofjhe~.::~:~ ~e[mr in 2 ..... :, described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property loomed in Sections 26, 34 and 35, Township 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Winding Cypress PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 160102, 062526 and 063536, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO:. This Ordinance shall become effective upon filing with the Department of State. -3.- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this./.d,2~{., day of ~ , 1999. Approved as to Form and Legal Sufficiency Marjofle M. Smdet{t Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /r BY: ... P This ordinonce filed with the Secr.etory of Stg~e's Office the and acknowledgement of that filing.~d.e?ived this~ day o f/W_/~-~* _, ~_~_~, ____~. ~ g/admin/ORDINANCFJPUD-99-23/SM/im -2- WINDING CYPRESS A PLANNED UNIT DEVELOPMENT Approximately 1,928+ Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, Florida PREPARED FOR: Barron Collier Company 2600 Golden Gate Parkway Suite 200 Naples, FL 34105 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A PUD-99-23 DATE FILED 9/2/99 DATE APPROVED BY CCPC 12/2/99. DATE APPROVED BY acc ORDINANCE NUMBER TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT VILLAGE CENTER/CLUB DISTRICT GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS PRESERVE DISTRICT GENERAL DEVELOPMENT COMMITMENTS 1-1 2-1 3-1 4-1 5-1 6-1 7-1 EXHIBIT A EXHIBIT B WINDING CYPRESS MASTER PLAN (WilsonMiller File No. D-0506-22) LEGAL DESCRIPTION ii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Barron Collier Company, its successors and assigns (the Developer), to create a Planned Unit Development (PUD) on 1,928+ acres of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Winding Cypress. The development of Winding Cypress will be in 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 Residential Fringe 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 Fringe Subdistrict is to provide transitional density of 1.5 dwelling units per acres, between permitted higher density areas to the west (four units per acre base density) and the agricultural/rural areas to the east (one unit per five acres). The Growth Management Plan qualifies the subject property, and the Project is planned for a maximum density of 1.5 units per acre, subject to the condition that the proposed development shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal out-fall system made necessary by new development in the area. The commercial uses within the Village Center District are consistent with the PUD Neighborhood Village Center Subdistrict of the FLUE. Development of convenience commercial uses authorized in this PUD shall not be permitted until such time as the FLUE of the Growth Management Plan providing for the PUD Neighborhood Village Center Subdistrict Ordinance No. 97-67, or comparable provision which allows similar uses, is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the FLUE. Winding Cypress 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 (LDC) Planned Unit Development District. ii SHORT TITLE This Ordinance shall be known and cited as the "WINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE.". 1-1 1.1 1.2 1.3 1.4 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. LEGAL DESCRIPTION The legal description of the Winding Cypress Planned Unit Development property is attached hereto and incorporated by reference herein as Exhibit "B." PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of Barron Collier Company, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Suite 200, Naples, FL 34105. Detailed ownership information is provided on Attachment 4-1 of the Winding Cypress Application for Development Approval. GENERAL DESCRIPTION OF PROPERTY Ao The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range.26 East, and is generally bordered on the west by the C.R. 951 canal, the Florida Water Services borrow pit lakes, C.R. 951, and Lely, A Resort Community PUD; on the north by Sabal Palm Road, a plant nursery, and single family residences; on the east by Agriculturally zoned and unplatted property, the Picayune State Forest, and Naples Reserve Golf Club PUD; and on the south, the U.S. 41 canal, U.S. 41, agriculturally zoned property, Greystone Trailer Park, and a small convenience commercial store. The location of the site is shown on Map A of the Winding Cypress Application for Development Approval. Bo The zoning classification of the subject property at the time of PUD application is "A" (Rural Agricultural). Co Elevations within the site are approximately 12.0 feet-NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northern half of the project and AE-7 for the southern half of the project (FEMA FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986). Topographic mapping is shown on Map C of the Winding Cypress Application for Development Approval. Previous and existing activities on site are primarily related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. 1-2 Eo The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. Fo Prior to development, vegetation on site primarily consists of upland, wetland, and exotic species. Detailed vegetation mapping is shown on Map F of the Winding Cypress Application for Development Approval. G° The project site is located within the Henderson Creek sub-basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, Winding Cypress has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes', as a Development of Regional Impact (DRI). 1.6 DENSITY Winding Cypress is to be developed on 1,928+ acres in southeastern Collier County. The number of dwelling units proposed to be constructed is 2,892 units. The gross project density, therefore, will be a maximum of 1.5 units per acre. 2-! 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Winding Cypress, a master planned community, will include a range of single family and multi-family housing and golf-related amenities, along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. The Master Plan is iljustrated graphically on Exhibit "A" (WMB&P, Inc. File No. D- 0506-22). 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 adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan 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. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, 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 LDC in effect at the time of development order application. Co Development permitted by the approval of this PUD will be subject to Division 3.15, Adequate Public Facilities Code of the Collier County Land Development Code. 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. 2.-2 2.4 All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. Fo Division 3.2, Subdivisions, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein, or otherwise granted pursuant to LDC Section 3.2.4. Go Division 3.3, Site Development Plans, of the LDC shall apply to Winding Cypress, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. COMMUNITY DEVELOPMENT DISTRICT The Developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed Development. Such infrastructure, as will be constructed, managed and financed by such a CDD, 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 Winding Cypress. Bo The land area is amenable to infrastructure provision by a distdct that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. 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. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special district government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility between systems, facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional governmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. 2-3 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during' Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. A. Roadways within Winding Cypress shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right- of-way width to be utilized for a local street within Winding Cypress shall be forty (40) feet. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. LDC Section 3.2.8.4.16.10. Reverse Curves: Tangents shall not be required between reverse curves on any project streets. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way radius to be utilized shall be fifty-five (55) feet. It is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout Winding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: LDC Section 3.2.8.3.17.2. - The Winding Cypress pdmary road system shall be considered a minor collector street and shall have a minimum eight foot (8') wide pathway on at least one side of the street that will meander in and out of the dght of way. This pathway will serve both pedestrians and bicycles. The pathway will be designed to provide direct access from all residential pods adjoining the primary road system with marked road crossings at appropriate locations to serve the pods on the side of the road opposite the pathway. LDC Section 3.2.8.3.17.3. - Internal local streets other than the minor collector or cul-de-sacs shall have a minimum six foot (6') wide pathway on one side of the street. These pathways will interconnect with the primary road pathway at appropriate locations. 2-4 2.6 2.7 2.8 LDC Section 3.2.8.3.17.3. - Cul-de-sacs shall not be required to have a sidewalk or pathway provided the following condition is satisfied which will enable the street to serve this function; otherwise they shall have a five foot (5') sidewalk or pathway on one side of the street: a) the right-of-way section shall include two twelve foot (12') wide travel lanes, with two foot (2') curbs, and the gross density of the cul-de-sac shall be less than two (2) units per acre. LAKE SETBACK AND EXCAVATION An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD Rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Planning Services Director, equal substitutes to the non-mountable (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet to the edge of the water. Upon receipt of a development excavation permit, all lakes greater than one (1) acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Planning Services Director. USE OF RIGHTS-OF-WAY Utilization of lands within all intemal project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations. MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that five (5) dry models shall be allowed within the project's sales center area, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 2-5 2.9 64E-6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. 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 Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan 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 Winding Cypress PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 of the LDC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfigl ration of lakes, ponds, canals, or ott,er water r,,anager,,ent facilities, ,.vhere such changes are consistent with the criteria of the Snuth Florida V~ ~ter Manageme~ t District and Collier Cou.. y. Internal r=.alignment of rights-of-ways, other than a relocatio,) of access points to the PUD itself, where water management facilities preservation areas, or required easements are not adversely affected or otherwise provided for. Reconfiguration of parcels and golf course Where preservation areas are not adversely affected. Changes due to SFWMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. :2-6 2.10 2.11 Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval; however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining alt other necessary County permits and approvals. COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association, or a governmental agency. A CDD 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 a CDD, the Developer shall create a property owners' association or associations, whose functions shall include a provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Winding Cypress, in accordance with the provisions of Collier County Ordinance No. 90-48 and Resolution No. 90-292, together with any applicable permits from the 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 Winding Cypress. 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 with geotextile mat Structural walled and stacked rock berms - vertical Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of berm elevation and shall not exceed eight feet (8') in height. Upon submission of a typical cross-section, aerial, plan view, landscape plan and vegetation removal permit application, the Planning Services Director may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in an easement or tract on final plats, or identified in a separate recorded instrument. Do Fences or walls may be placed zero feet (0') from internal rights-of-way, provided that shrubs are provided in the rights-of-way, pursuant to Section 2.7 of this PUD 2-7 Document, and may be located five feet (5') from project perimeter, and two feet (2') from a preserve area. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers/easements. Landscape berms located within the Winding Cypress PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line or within a right-of-way when approved by the applicable owner or agency. Internal recreational and community facilities do not require perimeter buffers except for boundaries contiguous to residential tracts. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on an approved Preliminary Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide written notification to the Planning Services Director. Residential areas 25 acres or less, including building footprints, shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or Site Development Plan. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 Stockpiles areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING 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. 2.14 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generally serve the residents of Winding Cypress and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Septic system for remote golf shelters. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscapelhardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B, Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to principal structures: 2-9 Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear: ten feet (10') 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 - thirty-five feet (35'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. o Sidewalks and bikepaths 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 Winding Cypress development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 2.16 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 713 acres in the wetland/upland preservation and enhancement areas. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the right to modify the land use boundaries, so long as the requirements of Section 2.6.32 of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Florida StatUtes. 2.17 NATIVE VEGETATION RETENTION REQUIREMENTS The 713+ wetland/upland preservation and enhancement areas on site fully satisfy the requirements of Section 3.9.5.5.3 of the Collier County Land Development Code. 2-10 2.18 SIGNAGE A. GENERAL All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of-way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage, subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein and applicable provisions of the LDC. 6. Signs may be allowed in landscape buffers/easements. Entrance and boundary markers may be placed prior to subdivision approval, provided a building permit for the markers is obtained prior to placement. B. BOUNDARY MARKERS One boundary marker or monument may be located at the northwest, southwest, and southeast property corners. The boundary marker may contain the name of the community, and the insignia or motto of the Development. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. Sign face area is calculated by total square footage of name, insignia, and motto only. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). 2-11 PROJECT ENTRANCE SIGNS One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the Development. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from C.R. 951 and U.S. 41 rights-of-way and any perimeter property line shall be 5 feet. Entrance sign script may not exceed a height of 15 feet and the total sign shall not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. INTERNAL SIGNS Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign script may have a maximum height of 8 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise "For Sale," "Sold To," and/or "Lot #." No building permit is required. 2-12 TRAFFIC SIGNS Traffic signs, such as street signs, stop signs, and speed lirn~t signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 3.1 3.2 3.3 3.4 3-1 PURPOSE SECTION III RESIDENTIAL DISTRICT The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "R." MAXIMUM DWELLING UNITS A maximum number of 2,892 residential dwelling units may be constructed on lands designated "R." GENERAL DESCRIPTION The Residential District is designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" Distdct is indicated on the PUD 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 Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate intemal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 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: 2. 3. 4. 5. 6. Single Family Detached Dwellings Single Family Patio and Zero Lot Line Dwellings Single Family Attached Dwellings Multi-Family Dwellings Assisted Living Facilities/Congregate Care Maintenance Facilities 7. Model Homes, Sales Centers 3-2 Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. B. AccessorY Uses and Structures: 1. Guest houses. AccessorY uses and structures customarily associated with principal uses per. mitted in this District, including neighborhood community recreational facilities. Any other accessorY use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" District. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family 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 Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or PreliminarY Subdivision Plat 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 dudng 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 distdct which is most similar to the proposed use. Required property development regulations may be approved that are different than those set forth in Table I, subject to the requirements of Section 2.6.27 of the LDC. Fo The Collier County Public Works 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 application and payment of fees by the property owner, 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 Developer's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of application. 3-3 G. Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. For the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities/congregate care facilities. 3-4 TABLE I WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO'~ & TWO SINGLE FAMILY MULTI FAMILY FAMILY ZERO LOT FAMILY & ATTACHED AND DWELLINGS'~ DETACHED LINE DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000. SF 3,500 SF '~ 3,000 §F' NA Minimum Lot Width .5 75 50 ..... 55 ........ 3.0 ' NA Minimum Front Yard .... Setback (Principal and 20 20 20 20 20 Accessory) , , Minimum Front Yard for Side Entry Garage 12 12 12 12 12 Minimum Rear Yard Setback (Principal) 10 5 10 10 .5 BH Minimum Rear Yard Setback'~ (Accessory) 5 5 5 5 10 Minimum Side Yard Setback 7.5 0 or 5*5 0 or 7.5 0 or .5 BH .5 SBH Maximum Height '~ 35 35 35 35 65 Floor Area Minimum (SF) 1500 SF 1200 SF 12.0.0. SF .... 1200 SF 1000 SF'7 Distance Between Principal Structures 15 ,! 0 0, ,or 15 .5 SBH .5 SBH BPI: Building Height SB..H.: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. - · Any structure more than two stories in height will maintain a 20 foot minimum building separafion. Guest houses shall meet the applicable principal structure setbacks and shall be permitted on lots 15,000 square feet or greater. Flag lot shall have no minimum lot width but will meet lot area requirements With approval from The Developer, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. Sidewalks shall be located in the right-of-way. B. If the parcel is served by a pdvate road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 - Setback from lake for all accessoq, uses may be 0 feet providing archifactural bank treatment is incorporated into design and subject to written approval from The Developer Design Review Committee and Project Plan Review. · 2. Building height shall be the vertical distance measured from the fir~t habitable tinished floor elevation to Ihs uppermost finished ceiling elevation of the structure. · 3 - Each haft of a duplex unit requires a lot area altocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. · 4- Minimum lot width may be reduced by 20% for cul..de..~ ~ provided minimum lot area requirement I~ still rr~ntained, '5 - Zero lest {0') or five feet (5') minimum side setback on either or both Ndas es long as a rnkdmum 10 foot separation between principal almcture~ is maintained for zero lot line. Five feet (5') minimum side setback for detached patio homes. Patios, pools and screen enclosures may encroach Into the 10 foo~ principal structure separation and may attach fo the adjoining dwelling provided an easement Is granted from the adjoining dwelling unit owner. Where this optton I~ used a conceptual exhibit *~howing typlcel building conflgurattona for patio or zero lot line units shall be submitted to the Customer Sewicas Deparlme~t with the application for the tirst building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accassm7 structures. The conceptual exhibit may be modified as needed. · 6 - Multi-family shall include multi-family units as defined In Collier County LDC and assisted living facilities/congregate care facilities. · 7 - Floor area minimum (SF) is not applicable to assisted living facilities/congregate care facilities. · 8-Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall 4-1 4.1 4.2 4.3 4.4 SECTION IV VILLAGE CENTER/CLUB DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "VC." MAXIMUM SQUARE FOOTAGE In addition to a clubhouse, a maximum of 30,000 square feet floor area, including retail, office, service and recreational uses may be constructed on lands designated "VC." GENERAL DESCRIPTION The approximate acreage of the Village Center/Club District is indicated on the Master Plan. The Village Center portion of this District shall be consistent with the requirements of the Growth Management 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 Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is 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 once Ordinance 97-67 (FLUE EAR Amendments) become legally effective: A. Permitted Principal Uses and Structures: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Accounting, Auditing and Bookkeeping Services (Group 8721). Automatic Teller Machines (Group 3578). Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Gasoline Service Stations (Group 5541), no repairs. Automotive Carwashes (Group 7542), except bus and truck washing. Business Services (Groups 7334, 7349). Eating and Drinking Places (Groups 5812-5813) except drive-through. Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5331-5399). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). Real Estate (Groups 6512, 6531, 6541). Recreation Services (Group 7911 ) 4-2 4.5 15. 16. 17. 18. 19. Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as free-standing uses. Free-standing residential uses shall comply with the development standards set forth in Section 3.5. United States Postal Service (Group 4311 except major distribution center). Video Tape Rental (Group 7841). Golf clubhouse, maintenance facilities, cart storage. 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 Planning Director determines to be compatible in the "VC" District. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. Customary 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, fitness centers, meeting rooms. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "VC" District. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Bo 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. Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet (75'). Co Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. Minimum distance between principal and accessory structures -Ten feet (10'). Eo Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. 4-3 F. Minimum lot or parcel area - Ten thousand (10,000) square feet. G. Minimum lot width - Seventy five feet (75'). Except fOr residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principal building area. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC 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 accessory uses and structures shall be as required by the LDC in effect at the time of at the time of Site Development Plan Approval. $-! 5.1 5.2 5.3 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "C"-Golf Club, "G"-Golf Course, and "REC"-Recreational. GENERAL DESCRIPTION Areas designated as "C," "G," and "REC" on the Master Plan are designed to accommodate a full range of golf course and recreational and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 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, maintenance facilities, driving ranges, aqua ranges, golf teaching facilities including classrooms and temporary golf clubhouses. Tennis clubs, health spas, equestrian clubs, aquatic centers, 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. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "C," "G," and "REC" Districts. 5-2 5.4 Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in these Districts. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to, golf, tennis, and recreational related sales. 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 Planning Services Director determines to be compatible in the "C," "G," and "REC" Districts. DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Principal Structures: 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. B. Minimum Yard Requirements for Accessory Structures: 3. 4. 5. Front Yard: Twenty feet (20') minimum or one-half the building height, whichever is greater. Side Yard: Ten feet (10'). Rear Yard: Ten feet (10'). Any yard abutting a residential parcel: Twenty feet (20'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. C. Maximum height of structures - Fifty feet (50'). Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. E. Minimum distance between principal and accessory structures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Minimum distance between all other accessory structures - Ten feet (10'). Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures, 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 Winding Cypress 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 6-1 6.1 6.2 6.3 6.4 SECTION VI PRESERVE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan, as GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and permitted water management uses and functions. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, wildlife observation platforms, golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Water management facilities. 4. Temporary construction access road. 5. Utility or roadway crossings. 6. Fences and walls. 7. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses, and which the Planning Services Director determines to be compatible in the Preservation Area. DEVELOPMENT STANDARDS A. All structures shall setback a minimum of five feet (5') from the Preserve District boundaries and roads, except for pathways, boardwalks, fences, golf cart paths, and water management structures, which shall have no required setback. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). 6-2 D. Minimum distance between accessory structures - Five feet (5'). E. Minimum floor area - None required. F. Minimum lot or parcel area - None required. Standards for parking, landscaping, lighting, signs, and other land uses, where such standards are not specified herein or within adopted Winding Cypress 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. 6.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The Developer shall be responsible for the control and maintenance of lands within the Preservation Area. 7-1 7.1 7.2 7.3 7.4 7.5 SECTION VII GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the general development commitments of the Developer within Winding Cypress. 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 shall be bound by said documents, commitments, and stipulations. 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. TRANSPORTATION The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North-South) and US 41 (East- West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. Bo Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. WATER MANAGEMENT A. A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. 7-:2 7.6 ENVIRONMENTAL Ao The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas pursuant to Section 6.4. Based upon final environmental permitting there may be adjustments to the proposed preservation areas. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Winding Cypress PUD, the Environmental Impact Statement (ELS) submitted in conjunction with the applica!ion for public hearing for PUD Rezone shall serve as the ElS and the requirement for obtaining approval of an ElS 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 Winding Cypress PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an ElS supplement. The Developer shall acquire SFWMD Environmental Resource and U.S. Army Corps of Engineers wetland impact permits for the project. Petitioner shall comply with permit conditions and stipulations contained within U.S. Army Corps of Engineers and SFWMD permits issued for Winding Cypress which concern protected wildlife species. The Preservation Areas incorporate wetlands as well as buffers. The Project will be consistent with SFWMD and U.S. Army Corps permitting criteria, including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will be required. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Fish and Wildlife Conservation Commission Gopher Tortoise Relocation Permit or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. Gopher Tortoises shall be relocated per Collier County LDC criteria. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants pursuant to or similar to Section 704.06 of the Florida Statutes. Conservation areas, including those that are recorded on a plat, shall be dedicated to the Developer for the responsibility of the control and maintenance of lands within the Preservation Area. An exotic vegetation removal, monitoring, and maintenance (exotic 'free) plan for the site, with emphasis on the preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. 7-3 7.7 UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, except as may be provided in Section 2.5 of this Document. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.5 of this document. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during construction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance, For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. Landscaping and sidewalks will be allowed within the right-of-Way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by the Developer within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility of the Developer. This clause will be shown within the homeowners' association documents and on the construction plans. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. The minimum distance from the BOC to the right-of-way line will be 13 feet. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the right-of-way line will be 8 feet. 7-4 For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. For the main roadway section with a median, the minimum distance from the BOC to the right-of-way shall be 13 feet. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non- potable sources. All irrigation water source permitting shall be coordinated with SFWMD. 7.8 ENGINEERING Ao Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. Work within Collier County right-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. 7.9 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. WilspnMiiler EXHIBIT B Description of Part of Sections 26, 34 and :]5 of Township 50 South, Rnngc 26 East, and Sections 2 and 3 of Township 51 South, Range 26 East Collier County, Florida. (PARCELS "A" and "B") All 0f Section 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 fee~ (for road right-of-way) and the west 100' (for canal sdght-of-way) therefrom; AND ALSO Ali of Section 35, Township 50 South, Range 26 East, Collier County, Florida, less and except the west 60.00 feet (for canal right-of-way); AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 2 Township 5 i South, Range 26 East, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida; Being more particularly describes ns follows: PARCEL "A": BEGINNING at the Southeast comer of Section 2, Township 51 South, Range 26 East, Collier County, Florida; thence along thc south line of said Section 2 North 87°01'52" West 2718.04 feet to the South Quarter Comer of said Section 2; thence continuing along said line North 89027' 14" West 234.04 feet; thence leaving said line North 54°21 ']3.'.: ;.West3802.35 feet; ........................... . thence North 20°14'55'' East 2036.85 feet; thence North 69°45'05'' West 45.00 feet4 the. ncc South 89015' 14" East 60.00 feet to a point on a line lying 60 feet east ofthe West Line of said Section 2; thence along said line thence North O0°44'46'' East ! 350.52 feet to a point on thc North Line of Section 2, said point on a line lying 60 East of the West Linc of said Section 35; Ihcnce along said line North 00°50'06" East 2614.26 feet; thence continuing along said line North 00°52'55" East 2619.36 feet to a point on the North Line of said Section 35; thence along said line South 89°:]3'56" East 40.00; thence leaving said line North 00050'24" East 26~]3.1 i; thence North 00'50' 18" East 2604.59 f~et to a point on the Southerly Right of Way line of Sabai Palm Road: thence along said Right of Way line 89°37'40" East 2541.91 feet; thence continuing along said line South g9~37'48'' East 2642.29 feet to a point on the East line ofsaid Section thence along the East Line ofsaid ~tion 26 South 00014'32" East 2606.87 frost to tha East Quarter Corner of said Secdon 26; thenc~ continuing along said line South 00°15' 12" East 2636.82 fe~t to the Southeast Corner of said Section 26; thence along the East Line of said Section :]5 South 00°24'51" West 2658.26 feet to the East Quarter Corner of said Secdon thence continuing along said line South 00023'49" West 2637.99 f~t to the Southeast Comer of said Section thence along the East Line of said Section 2 South 00°4 i'03" West 280 i .67 feet to the East Quarter Corner of said Section 2i thence continuing along said line South 00°41 '05" West 2750.09 to the Southeast Comer of said Section 2 and the POINT OF BEGINNING of the parcel herein described (PARCEL "A"); Parcel Contains 1922.5 acres more or less. Subject to easements, restrictions and reservations of record. Bearings arc based on thc east linc of the south half of Section 2 being South 02°41'05.' West. PAGE I OF 2 Naples Fort Myers Sarasota Bradentoo Tampa 3200 Bailey Lane. Su/te 200 Naples. Florida 34105 850/ 94 !-649-4040 ~ 941-643-5716 www. wilsonmill~, corn ~13TIllq 4[~ lqOb~ll~t ! I wIIsOnMiller Dcs~pdon of Pm of Sg¢lions 26, 34 and 35 of Township 50 South, Range 26 Ensl, and S~ctions 2 and 3 of Township 51 South, Range 26 East Collier Counly, Floddt (PARCELS "A" and "B"} Continued; ALSO INCLUDING THE FOLLOWING: PARCEL "B": COMMENCING at the Southwest Comer of said Section 26; ~ thence along the West Line of said Section 35 South 00052'55'' West 6'/4.12 feet; thence leaving said linc North 89°07'05' West 40.00 feet to a point on a line 40 feet west of the West Line of Section 35 and thc POINT OF BEGINNING of the parcel herein described (PARCEL 'B"); thence along said line South 00052'55'' West i i 10.23 feet; thence leaving said line North 89007'05'' West 5]9.68 feet; thence North 35°39'05" East i75.97 feet; thence northeasterly 1066.66 feet along the arc ora tangential circular curve concave to the northwest -having a radius, of 2694.93 feet lhrough a central angle of 20°36'46' subtended by a chord which bears North 25o20'42.. East 1060.92 feet to the POINT OF BEGINNING ofthe parcel herein described (PARCEL "B"). Parcel Contains 5.7 acres more or less. Subject to easements, restrictinns and reservations of record. Bcarings arc based on thc east linc of the south half of Section 2 being South 02°41'05'' West Total parcel contains 1928.2 acres WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Certificate of authorization #LB-43. Michael H. Maxwcil/~SM 4650 Not Valid unless embossed with the Professional's seal. Ref. IGG-18 W.O.: N7522-00?-OO3-MABS2 Date: June 15, 1999 PAGE 2 OF 2 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 99-93 Which was adopted by the Board of County Commissio~ the 14th day of Dece~er, 1999, durin~ Regular Session. hand and the official seal of the Board WITNESS my County Commissioners of Collier County, Florida, th~s 15t~ayc~ December, 1999· DWIGHT E RR~.W .... Clerk of Courts an~ Deputy Clerk