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Ordinance 83-46ORDINANCE 83-,.,46 AN ORDINANCE AMENDING ORDINANCE 82-2 T~E COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 69-26-5 AND ~9-26-8 BY CHANGING ~{E ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FRON A-2 AND A-2ST TO "PUD" PLANNED UNIT DEVELOPMENT FOR~ BERKSHIRE LAKES; LOCATED BE~'~EN GOLDEN GATE CITY AND DAVIS BOULEVAKD 1~ MILES WEST OF C-951 AND PROVIDING AN EFFECTIVE DATE: ~EREAS, John J. Agnelli, Authorized Representative p~ittone~ the Board of County Commissioners to change the ZoninR Classr~nficat~'~on of the herein described real property; NOW, TItEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Sections 32 and 33, To~rnship 49 S, Range 26 E, Collier County, Florida is changed from A and A-ST to "PL~" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" ~hich is incorporated herein and by reference ~ade part hereof. The Official Zoning Atlas Nap Number, Number a9-26-5 and a9-26-8, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: Thi. Ordinance .hall become effective upon receipt of notice that ia he. been filed vith the Secretary of State. DATE: August 16, 1983 ATTEST: WILLI;~M 3. REAGAN, CLERK · ,,',~ '~ .~,1 ,,' ~ ~ , L..'" ...... " '2gerk~hlge"Lake~ BO;d~D OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~%'-F)~c£s KRUSE,CtUU.~/~ STATE OF FIDRI~A ) a~0brfY OF ~IER ) ~, ~LLIA~ J. REAGAN, Clerk of Courts in and for the T~enCiech Judicial C£rcu~t, Collier County. Flor!da, do hereby certify that the forezoing is a true original of: OPJ~INA~KiE NO. 83-46 which was adopted by the Board of County C~ssioners ch~rir~ Session the 16th day of August, 1983. l,rrl/qESS my hand and the official seal of the Board of County Ccrn~issioners of Collier County, Florida, this 17th day of ~x~ust, 1983. This ordinance filed with the Secretary of State's Office the 22nd day of Ang., 1983 and ackr~wl~t of tha~ filing received this zorn Deput)~'Clerk PLANNED UNIT DEVELOPMENT DOCUMENT FOR BERKSHIRE LAKES A PLANNED RESIDENTIAL COMMUNITY WILSON, MILLER, BARTON, SOLL & PEEK, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 1383 Airport Road North Naples, Florida 33942 Date Issued~ January 5, 1982 Revised~ August 2, 1983 INDEX LIST OF EXHIBITS STATEMENT OF COMPLIANCE & SBORT TITLE SECTION I, PROPERTY OWNERSHIP & DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III SINGLE-FAMILY RESIDENTIAL SECTION IV MULTI-FAMILY RESIDENTIAL SECTION V COMMERCIAL/MULTI-USE SECTION VI GOLF COURSE "G.C." SECTION VII RECREATION AND OPEN SPACE/PARK SECTION VIII GENERAL DEVELOPMENT COMMITMENTS PAGE ii iii 2-J ]-I 4-1 7-~ 017 LIST OF EXHIBITS EXHIBIT MASTER DEVELOPMENT PLAN (Prepared by Wilson, Miller, Barton, Soll & Peek, Inc., File No. RZ-73) STATEMENT OF COMPLIANCE The development of approximately 1,093 acres of property in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as BERKSHIRE LAKES, will be in compliance with the planning goals and ob- Jectives of Collier County as set forth in the Comprehensive Plan. The residential, commercial/multi-use development and associated recreational facilities of BERKSHIRE LAKES will be consistent with the growth policies, land development regu- lations and applicable Comprehensive Plan documents for the following reasons: ~) The subject property has the necessary rating points to determine availability of adequate community facilities and services. 2) The project development is compatible and complementary to the surrounding ~and uses. 3) Improvements are planned to be in substantial com- pliance with applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities and ser- vices. 5) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. SHORT TITLE This ordinance shall be known and cited as the "Berkshire Lakes PUD Ordinance." iii SECTION I PROPERTY OWNERSBIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of John J. Agnelli (authorized repre- sentative) (hereinafter called "applicant" or "deve- loper") to establish and develop a Planned Unit Develop- ment (PUD) on approximately 1,093 acres of property located in Collier County, Florida. It is generally bordered on the west by St. Clair Shores, an unrecorded subdivision and on the east by the Green Heron Planned Unit Development. The northern boundary of the property is the Golden Gate Canal. The southern edge of the prop- erty is bounded by Davis Boulevard. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property. 1.02 NAME - The PUD development shall be known as BERKSHIRE LAKES. 1.03 LEGAL DESCRIPTION Section 32, Township 49 South, Range 26 East, Collier County, Florida; less South 50 feet for Right-of-Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, page 806 of Collier County, Florida. ALSO the west 5/6 of the west 1/2 of Section 33, Township 49 South, Range 26 East, Collier County, Florida; less south 50 feet for Right-of-Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, page 810 of Collier County, Florida. ALSO the east 1/2 of Section 5, Township 50 South, Range 26 East, Collier County, Florida; less south 75 feet for Right-of-Way of Davis Boulevard Extension (S.R. 84); less north 50 feet for Right-of-Way of Radio Road (County Road 856). subject to easements, restrictions, and reservations of record; containing ~1093 acres more or less. I-1 017 , 248 1.04 TITLE TO PROPERTY Subject properties are currently under the unified control of Barnett Bank Trust Company, N.A. Trustee~ under Trust No. 36-8750. 0t7 ,A~249 SECTION PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general con- ditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Berkshire Lakes is a planned community, which includes a mixture of residential and commercial/multi-use uses, golf course, open space/parks and preserve areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the time permit plats are requested. 2.04 FRACTIONALIZATION OF TRACTS a. When the developer sells an entire Tract or a build- ing parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property him- self, the developer shall provide to the Adminis- trator for approval or denial, prior to the sale of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and in the case of a residential area, the number of dwelling units of each residential type assigned to the property. b. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval or denial, prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the nu~- bet of dwelling units assigned to each of the fractional parts. 2-1 0i7 250 The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director, for approval or denial, prior to the .sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. The developer of any tract or building parcel must submit at the time of application for a building per- mit, a detailed plot plan for his tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. In evaluating the fractionalization plans the Ad- ministrator's decision for approval or denial shall be based on compliance with the criteria and the de- velopment intent as sst forth in this document, con- formance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. If approval or denial is not issued within ten (10) working days, the submission shall be considered au- tomatically approved. 2-2 2.05 SITE PLAN APPROVAL When site plan approval is desired or required by this document, the following procedure shall be followed: A written request for site plan approval shall be sub- mitted to the Director for approval or denial. The re- quest shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the fol- lowing, where applicable: A) .Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and off- street loading areas, yards and other open spaces. B) Plans showing proposed locations for utilities hook- up. C) Plans for screening and buffering. D) Plans for proposed signs and lighting. E) In the case of cjustered buildings and/or zero lot line with common architectural theme, required prop- erty development regulations may be waived or reduced provided a site plan is approved under this section. 2-3 2.06 LAND USES The following table is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "H", Master Development Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific lo- cation and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Ad- ministrator for approval or denial. The. final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern and dwelling unit size and configuration. 2-4 eeox 0:t7 LAND USE SCHEDULE APPROXIMATE LAND USE TYPE ACREAGE RESIDENTIAL MAXIMUM NO.OF DWELLING UNIT R-1 Residential Single-Family 132.0 335 R-2 Residential Multi-Family 435.4 3,865 COMMERCIAL/MULTI-USE C-1 Commercial '1 42.5 '1 RECREATION AND OPEN SPACE GC Golf Course O (Park/Open Space /green belts) Water Management/Lakes Major Right-of-Way 149.2 74.3 *2 149.5 75.1 Total 1058 Acres 4,200 Residential Dwelling Units '1 Residential dwelling units may also be provided within the C-1 Commercial/Multi-use category provided the total number of dwelling units does not exceed 4200. *2 A park site of 35 acres will be deeded to the County. 2-5 2.07 PROJECT DENSITY The total acreage of the BERKSHIRE LAKES property is ap- proximately 1058 acres of which 35 acres will be deeded to the County. The maximum number of dwelling units to be built on the total acreage is 4,200. The number of dwelling units per gross acre is approximately 3.96. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. 2.08 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as as- signed by Section 2.06, provided that the applicant may increase or decrease the maximums by not more than 10%; and provided that the total number of dwelling units shall not exceed 4200. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 4200. 2.09 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 20 year time period, any projection of pro- ject development can be no more than an estimate based on current marketing knowledge. The estimate may of course, change depending upon future economic factors. The fol- lowing schedule indicates, by years, the estimated ab- sorption of units for the estimated 20 year development period. ESTIMATED MARKET ABSORPTION SCHEDULE DESIGNATION UNIT R-1 Dwelling Units Dwelling Units C-1 Bldg. Sq. Ft.xl 000 GC,(Golf Course) Acres PHASE YEARS I II III IV 1-5 6-10 11-15 16-20 235 100 800 1000 1000 1065 TOTAL 335 3865 100 100 100 75 375 149.2 149.2 2-? ,oo~ 0i7 ,,~ 256 2.10 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD Master Development Plan and applicable Collier County Development Codes. Protected areas shall be flagged, clearly marked and/or fenced during periods of construction. Approval from the County Environmentalist shall be re- ceived prior to any development of the identified archaeo- logical site. Archaeological sites shall be preserved if found to be of significant value. Initial site clearing plans for each phase of development shall be reviewed and approved by the County Environ- mentalist with the specific intent of checking on the re- moval of all exotics on the site. 2.11 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said ease- ments and improvements shall be done in substantial com- pliance with the Collier County Subdivision Regulations. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial com- pliance with applicable regulations in effect at the time approvals are requested. 2.12 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived: a. Article XI, Section 10: Where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. b. Article XI, Section 17H: Such streets shall not ex- ceed one thousand (1,000) feet in length. Article XI, Section 173, requiring curved streets to have a minimum tangent of 100 feet at intersections. 2-8 0!7 SECTION III SINGLE-FAMILY RESIDENTIAL 3.01 PURPOSE The purpose of this Section is to set forth the regu- lations for the areas designated on Exhibit "H", Master Development Plan, as Single-Family Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 335 dwelling units may be constructed in all of the Single-Family Residential parcels except as permitted by Section 2.08. 3.03 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) Single Family dwellings. 2) Public and private parks, playgrounds, playfields and commonly owned open space. Permitted Principal Uses and strqqt,.qr,qs.,Requir~n,g S%te Plan Approval - 1) villas, cjuster and group housing, townhouses, patio houses, and zero lot lines. 3-1 ,oo 017 C. Permitted Accessory Uses and Structures l) Customary accessory uses and structures, including but not limited to private garages and private swimming pools. 2) Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are re- quested. 3) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of one (1) year from the initial use as a model. The Ad- ministrator may authorize the extension of such use upon written request and Justification. 3.04 PROPERTY DEVELOPMENT REGULATIONS 3.04.01 GENERAL: All yards, set-backs, etc., shall be applied in relation to the individual parcel boundaries. 3.04.02 MINIMUM LOT AREA AND DIMENSIONS: Area Frontage 10,000 Square Feet 80 Feet Interior Lots 95 Feet Corner lots 80 Feet Cul-de-sac and odd shaped lots. (measured at the front yard setback line.) 3.04.03 MINIMUM SETBACKS: Front Side Rear 30 Feet 7.5 Feet One Story 10.0 Feet Two Story 25 Feet 3.04.04 MAXIMUM BUILDING HEIGHT: Principal Structures: 30 Feet Accessory Structures~ 20 Feet 3-2 3.04.05 MINIMUM FLOOR AREA: One Story: 1,000 Square Feet Two Story~ 1,200 Square Feet 3.04.06 SIGNS AND MINIMUM OFF-STREET PARKING: AS may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 3-3 SECTION IV MULTI-FAMILY RESIDENTIAL "R-2" 4.01 PURPOSE The purpose of this Section is to set forth the regu- lations for the areas designated on Exhibit "H", Master Development Plan, as Multi-Family Residential. 4.02 MAXIMUM DWELLING UNITS A maximum number of 3,865 dwelling units may be con- structed in all of the Multi-Family Residential parcels except as permitted by Section 2.08. 4.03 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) Two (2) Family and Multi-family dwellings. 2) .All permitted principal uses and structures al- lowed by Section 3.03.A. of this document. Permitted Principal Uses and Structures requiring_~ite Plan Appr°~l: 1) Ail permitted principal uses and structures al- lowed by Section 3.03.B. of this document. 2) Any permitted structure exceeding the maximum building height allowed by Section 4.04.04 of this document but not exceeding six (6) habitable/- living stories above parking. 3) Essential services/central waste water treatment facilities on the multi-family designated tract located immediately north of 1-75 R.O.W., east of Santa Barbara R.O.W. extension south of the Golden Gate Canal and south of the east-west un- named access road which is located between the Golden Gate Canal and the 1-75 R.O.W. (in Section 33, Township 49 South, Range 26 East, Collier County, Florida). C. Permitted.Accessory Uses and Structures~ 1) All permitted accessory uses and structures allowed by Section 3.03.C. of this document. 4-1 4.04 PROPERTY DEVELOPMENT REGULATIONS: 4.04.01 GENERAL: All yards, setbacks, etc. shall be applied in relation to the individual parcel boundaries. 4.04.02 MINIMUM LOT AREA AND DIMENSIONS~ Area Single Family dwelling other principal uses Frontage 4.04.03 MINIMUM SETBACKS: One-half of principal building height with a 10,000 Square Feet 20,000 Square Feet 80 Feet minimum of: Front 30 Feet Side 15 Feet Rear 30 Feet The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is greater. 4.04.04 MAXIMUM BUILDING HEIGHT: Three (3) habitable/living stories above parking. Unless otherwise approved under Section 4.03.B.2. 4.04.05 MINIMUM FLOOR AREA: 750 Square Feet. 4.04.06 SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 4-2 5.01 SECTION V COMMERCIAL/MULTI-USE "C-1" PURPOSE The purpose of this Section is to set forth the regu- lations for the areas designated on Exhibit "H" as Commercial/Multi-Use. 5.02 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: l) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; book- binders; book stores; business machine services. 3) Carpet and floor covering sales - which may in- clude storage and installation; churches and other places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. 4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. 5) Electrical supply stores. 5-1 6) Fish market - retail only; florist shops; food markets; fraternal and social clubs; funeral homes; furniture stores; furrier shops. 7) Garden supply stores - outside display ~n side and rear yards; gift shops; glass and mirror sales; gourmet shops. 8) Hardware stores; health food stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales and interior decorating show rooms. 10) Jewelry stores. 11) Laundries - self service only/ leather goods; legitimate threatres; liquor stores; locksmiths. 12) Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theatres; museums; music stores. 13) New car dealerships - outside display permitted; news stores. 14) Office - general; office supply stores. 15) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; professional offices. 16) Radio and television sales and services; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants. 17) Shoe repair; shoe stores; souvenir stores; stationery stores; supermarkets and sanitoriums. 18) Tailor shops; taxidermists, tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. 19) Upholstery shops. 5-2 5.03 20) Variety shops; vehicle rental - automobile only~ veterinarian offices and clinics - no outside kennels. 21) Watch and precision instrument repair shops. 22) Any other use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible in the district. B. Permitted PringiPal Uses and Structu~.Requiri~9 Site Plan Approval 1) Attached residence in conjunction with business- one (1) per business. 2) Car wash7 child care centers, commercial recreation-outdoor. 3) Hotels, Motels 4) Multi-family residential; 5) Permitted uses with less than 1,000 square feet gross floor area in the principal structure. 6) Shopping centers. C. Permitted Accessory Uses and_gt~ucture~ 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 3) Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. PROPERTY DEVELOPMENT REGULATIONS 5.03.01 gENERAL: A1! yards, setbacks, etc., shall be in relation to the individual parcel boundaries. 5.03.02 MINIMUM LOT AREA AND DIMENSIONS: Area Frontage 10,000 Square Feet 100 Feet 5-3 017 2..65 5.03.03 MINIMUM SETBACKS~ - One-half (1/2) of principal building height with a minimum of: Front Side Rear 25 Feet None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 25 Feet - Distance between any two principal structures - Ten (10) feet or 1/2 the sum of their heights whichever is greater except that in the case of cjustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.05. - Principal commercial buildings shall be setback a minimum of fifty (50) feet from abutting residental districts. 5.03.04 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: One thousand (1,000) square feet per building on ground floor. 5.03.05 MAXIMUM HEIGHT OF STRUCTURES: Fifty (50) feet. 5.03.06 SIGNS AND, MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 5.03.07 SPECIAL PROPERTY DEVELOPMENT REGULATIONS: A) Landscaping, buffer areas and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. s) Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of mechandise is proh ibited. SECTION VI GOLF COURSE "G.C." 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H", Master Development Plan, as Golf Course. 6.02 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. Perm~tt~ Principal Uses and Structures l) Golf Course B. Permitted Accessory Uses and Structures 1) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance. 3) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 4) Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are re- guested. 5) A maximum of two (2) residential units in con- Junction with the operation of the golf course as determined to be compatible with the adjacent zoning as determined by the Administrator. ,oo 017 267 6.03 Co Plan Approval_Requirements A site plan of the golf course shall be submitted in accordance with Section 2.05 of this document. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. PROPERTY DEVELOPMENT REGULATIONS 6.03.01. General Requirements a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. b) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. c) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 6.03.02. Maximum Height of Structures Thirty-five (35) feet. 6.03.03. ~igqsjand Migimum Off-Stre~ Parkin~ As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 6-2 0t7 7.01 7.02 SECTION VII RECREATION AND OPEN SPACE/PARK PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H", Master Development Plan, as Open Space/Park, CYP, Willowhead, Willow Cypress Preserve, Cypress Preserve, Green Belt, Lake .... etc. PERMITTED USES AND STRUCTURE No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Parks, Playgronnds and game courts and fields. 2) Biking, hiking, canoeing and nature trails. 3) Equestrian paths. 4) Nature preserves and wildlife sanctuaries. 5) Any other open space activity which is comparable in nature with the foregoing uses and which the Ad- ministrator determines to be compatible in the District. 6) Recreational shelters and restroom facilities. 7) Water Management Facilities and Lakes. 8) Wildlife Management. 9) Community Park. B) Permitted Accessory Uses and. Structures 1) Accessory uses and structures customarily associated with principal uses permitted in this District. ?-1 2) Signs as may be permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. 3) Maintenance and storage areas and structures. C) Site Plan Approval Requirement Site plans for the proposed uses shall be submitted to the Administrator in accordance with Section 2.05 of this document. 7.03 PROPERTY DEVELOPMENT CRITERIA a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. b) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. c) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 7.04 SIGNS AND MINIMUM OFF-STREET PARKING As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 7-2 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.01 PURPOSE The purpose of this Section is to set forth the standards for development of the project. 8.02 DEVELOPMENT COMMITMENTS A. ENERGY Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of- the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but not be limited to the following: a. Provision of a bicycle/pedestrian system con- necting all land uses, to be placed along all arterial collectors and local roads within the project. This system is to be consistent with Collier County requirements. b. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. Ce Cooperation in the locating of bus stops, shelters and other passenger and system ac- commodations when a transit system is developed to serve the project area. Use of energy-efficient features in window de- sign (e.g., shading and tinting). e. Use of operable windows and ceiling fans. Installation of energy-efficient appliances and equipment. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. 8-1 Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, main- tenance and other needs. J® Planting of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. k® Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. (Shade in the summer should receive primary con- sideration.) Planting or retention of native shade trees for each residential unit. Orientation of structures, as possible, to re- duce solar heat gain by walls and to utilize natural cooling effects of the wind. ne Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. Inclusion of porch/patio areas in residential units. Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality. 8-2 C. TRANSPORTATION 1. Bikepath/sidewalks shall be provided on the west side of Santa Barbara from Radio Road to Golden Gate Canal. The applicant shall be required to pay for the signal- ization, turn lanes and other improvements deemed neces- sary by the County Engineer or FDOT for the intersection of the project's southern access road with Davis Boule- vard (SR-84). These improvements shall be made at the time that this intersection is found to exceed level of service "C". Service level determination shall be made by either the Collier County Engineering Department or FDOT. At such time as Davis Boulevard (SR-84) exceeds service level C, the developer representing Berkshire Lakes will find a proportionate share of 1.24 miles of the cost of construction based on total build-out of the project. The developer will supply bond addressing this issue. Donate to Collier County one hundred feet of a future two hundred feet right-of-way along the east boundary of Berkshire Lakes between Davis Boulevard and Radio Road. Donate to Collier County 25 feet of additional right-of- way on each side of Radio Road along the Berkshire Lakes frontages. The developer of Berkshire Lakes pay its fair share for upgrading Radio Road and Santa Barbara Boulevard from Golden Gate Canal to Davis Boulevard. A fair-share contribution toward the capital cost of traffic signals at the principal access points to the project when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. Arterial type street lighting at all principal access points to the project. The operating and maintenance cost of these units shall be assumed by Collier County. Provide appropriate left and right turn lanes at the principal access points to the project· The above noted properties shall be donated to the County for the specific purpose of widening Radio Road and for the planned future extension of Santa Barbara Boulevard from Radio Road to Davis Boulevard· This donation shall take place at such time as the additional right-of-way is needed by the County for the immediate road construction or at the developer's convenience, whichever occurs first. D. WATER MANAGEMENT 1) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 2) Surface Water Management Permits must be obtained from the South Florida Water Management District prior to the commencement of development. 3) 4) 5) The Control level elevation concerns identified in the South Florida Water Management District Impact Assessment Report, page 2, Appendix II, must be addressed by the applicant during the District Surface Water Management permitting process. The drainage system for the Berkshire Lakes project shall implement the water quality "best management practices" outlined in the Berkshire Lakes Application for Development Approval, response to Question 22 Drainage, Part C., pages 22-5 and 22-6. An on-going maintenance and monitoring program that regularly inspects, maintains and samples the stormwater drainage system shall be implemented. E. UTILITIES 1) A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. 2) All areas of the project shall be served by a central wastewater collection system and by an on-site wastewater treatment plant. The plant shall be expanded as may be needed to meet the anticipated demands and shall be phased-out at such time as a County system becomes available. 3) The development shall be in substantial compliance with applicable County laws and ordinances governing utility provisions and facilities. 4) Telephone, power and T.V. cable service shall be made available to the site. 8-4 0i? aZ74 F. HURRICANE EVACUATION a) The applicant shall use a minimum floor elevation of 12.8 ft. m.s.1, as required by the SFWMD or Collier County Building Code. Should these requirements be lessened through regulatory changes, Recommendations b, c, and d below shall become requirements. b) On-site refuge space shall be provided at a ratio of 20 square feet per person. c) Provisions shall be made in deeds and convenants that temporary shelter for persons living in ground level units shall be made in buildings of more than one story; designated refuge space shall be located in the interior hallways of upper story structures or similarly protected areas with protected openings leading directly to the exterior. d) On-site shelters shall fulfill the following con- ditions: Shelters shall be designed and constructed to withstand winds of 140 miles per hour, and certi- fied by a professional engineer, licensed and re- gistered by the State of Florida. Shelters shall be equipped with emergency power and potable water supplies (generators and stor- age tanks). * Shelters shall be constructed with as little glass as possible, and glass should be protected by shutters or boards. Shelter shall provide adequate ventilation, sani- tary facilities, and first aid equipment. e) A homeowners' association shall be established to provide education to residents concerning hurricane evacuation, shelters, etc. 8-5