Ordinance 82-054ORDINANCE 82 - 54
AN ORDINANCE AMENDING ORDINANCE 82-2
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE ZONING
ATLAS MAP NUMBER 50-25-1 & 50-25-6 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT FOR "WIND-
STAR DEVELOPMENT COMPANY" LOCATED IN SECTIONS
11, 14 AND 23, TOWNSHIP 50 SOUTH, RANGE 25
EAST AT FISHERMAN'S COVE: AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Charles L. Shumway, petitioned the Board of
County Commissioners to change the Zoning Classification of
the herein described real property:
NOW, THEREFORE BE IT ORDAINED by the Board of County Com-
missioners of Collier County, Florida:
Section One:
The Zoning Classification of the herein described real
property located in Sections 11, 14, and 23, Township 50 South,
Range 25 East, Collier County, Florida is changed from "PUD"
to "PUD" Planned Unit Development in accordance with the PUD
document attached hereto as Exhlblt "A" which Is incorporated
herein and by reference made a part hereof. The Official Zoning
Atlas Map Number, Number 50-25-1 & 50-25-6, as described in
Ordinance 82-2, is hereby amended accordingly.
Section
This Ordinance shall become effective upon receipt of notice
that it has been filed with the Secretary of State.
DATE: July 13, 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
· ATTEST: ..
//
' CLERK
STATE OF FLORIDA )
BY:
COUNTY OF COLLIER )
I, WILLIAH J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDINANCE NO. 82-54
which was adopted by the Board of Count>' Conmissioners during Regular
Session July 13, 1982.
WITNESS my. hand and the official seal of the Board of County Com-
missioners of Collier County, Florida, this 13th day of July, 1982.
WILLIAH J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
Cotmty Co~missioners
Virgi~ ~gri, Deput~lerk
This ordinance filed with the Secretary of State's office the 26~h.day of
Jul>', 1982 and acknowledgement of that filing received this 28th da)~ of
1982.
015
WINDSTAR
A
PLANNED UNIT DEVELOPMENT
Windstar Development Company
660 9th Street North
Suite 31
Naples, Florida 33940
Prepared By
Coastal Engineering Consultants, Inc.
3883 Davis Boulevard
Post Office Box 8306
Naples, Florida 33940
Project Number: 81.113
March, 1982
Section 1
Section 2
Section 3
Section 4
Section 5
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
TABLE OF CONTENTS
Property Ownership Description
Project Development
Medium Density Multi-Family
Residential Development
Golf Course
Development Standards
PUD Master Development Plan
Location Map
Rezone Stipulations
Height Limitation Agreement
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015 Z .8
Section l
PROPERTY OWNERSHIP A~D DESCRIPTION
1. 1 Purpose
The purpose of this Section is to delineate the location and
ownership of the subject property and to describe the existing
conditions of the property proposed to be developed under the
project name of Windstar.
1.2
Legal Description
A tract of land lying in Sections 11, 14 and 23, Township 50
South; Range 25 East; Collier County, Florida, being more
particularly described as follows:
Commencing at the North quarter corner of Section 14;
Township 50 South; Range 25 East; Collier County, Florida, run
S 89°25'40'' W along the North line of said Section 14 a distance
of 300.00 feet to the True Point of Beginning; thence }; 00°13'07''
521.19'feet; thence S 89~34'18'' W ]~4.-~9 feet; thence
S 68~04'16'' W 897.82 feet; thence S 42"06'21'' W 26~.5.feet~
thence S 42"04'52'' W 421.60 feet to a Point of Curvature; thenc~
68.~7 feet along the arc of a curve, concave to the Southeast,
having a radius of 50.00 feet and a chord having a length of
6j..24 feet and bearing S 02°50'59'' W to a Point of Reverse
Cur~a'ture; thence 379.35 feet along the arc of a curve, concave
to the >~orthwest, having a radius of 200.00 feet and a chord
having a length of 324.94 feet and bearing S 17"57'27" W to a
Point of Tangency; thence S 72~17'43'' %'; 209.97 feet to a Point of
Curvature; thence 314.16 feet along the arc of a curve, concave to
the Northeast having a radius of 200.00 feet and a chord
having a length of 282.79 feet and bearing N 62"42'17" W to a
Point of Reverse Curvature; thence 80.27 feet along the arc
of a curve, concave to the Southwest, having a radius of 50.00
feet, and a chord having a length of 71.92 feet and bearing
N 63"41'51'' W to a Point of Tangency; thence S 70"18'35" W
116.55 feet to the West line of Section 14, being, also, the
Eastern limits of the City of Naples; thence S 00"09'12" E
along said section line a distance of 2~34q-.4~ feet to the West.-_
quarter corner of Section 14; thence S 00"12'53" E ~684.7i feet
to the Southwest corner of Section 14; thence S 00"14'20" E
1349.11 feet to the Southwest corner of the Northwest quarter of
Northwest quarter of Section 23; thence N 89"20'23" E along the
South line of said Northwest quarter of the Northwest quarter a
distance of 1280.83 feet to the Westerly right-of-way line of
-3-
County Road 858; thence N 00"37'34" W along said right-of-way
line a distance 1-~5~l-,-3~l-feet to the North line of said North-
west quarter of the Northwest quarter; thence N 89"14'19" E
19.60 feet to the Westerly right-of-way line of Fern Street;
thence N 00°13'25" W along said right-of-way line a distance of
1~12.51 feet; thence N 89"15'16" E 13~9 feet; thence
N 89°42'05" E 1}951~ feet to the Westerly right-of-way line
of Kelly Road; thence N 00"17'46" W along said right-of-way
line a distance of 3~l..feet; thence S 89"42'44" W 12-94.--9~ feet
to the North-South quarter section line of Section 14; thence
N 00~1~'07" W along said quarter section line a distance of
2329.90 feet; thence S 89~35'14" W 330.45 feet; thence
N 00"13'07'' W 462.39 feet; thence N 89°35'11'' E 30.47 feet;
thence N 00~13'07'' W 868.04 feet to the True Point of Beginning.
Said tract containing 320.60 acres.
1.3 Property Ownership
The subject property is currently under the ownership of
Windstar Development Corporation.
1.4
A)
General Description of Property Area
The project site contains 320.60 acres and is
located on lands lying within Section 11, 14
and 23, Township 50 South, Range 25 East.
The property is bounded on the north by Haldeman
Creek; on the East by Kelly Road and various
East/West side streets and Thomasson Drive; on
the south by Bayvie%¢ Park and residential lands; and
on the west by lands within the City of >laples.
The current zoning classification of the subject
property is P.U.D. The property is within the
Collier County Water-Sewer District and Collier County
Water Management District Number 6.
1.5
Physical Description
The project is located within Collier County Water Management
District Number 6. The site property receives runoff from
the east only. Haldeman Creek to the north, an existing
manmade canal to the south and Naples Bay to the west effectively
isolate the property from surrounding areas. Topographic data
shows the existing ground to fall from east to west across the
site property.
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015
Elevations within the project uplands range from +6.0 to +2.0
feet above mean sea level. The ground grades from the higher
elevations on the east to the lower ones along the Naples Bay
and Haldeman Creek areas.
Water management for the proposed project will be the lake re-
tention type. A series of 16 interconnected lakes, scrubber
swales and spreader waterways will store and discharge runoff
from the site. Every attempt will be made to design and permit
a water management system which will allow re-establishment of
the natural hydroperiod through the drainage system.
The agronomic soil series found within the project boundaries
include Immokalee fine sand (approximately 25 percent); Arzell
fine sand, Broward fine sand (shallow phase, St Lucie fine
sand and Blanton fine sand (approximately 29 percent); Mangrove
swamp (approximately 21 percent); Pompano fine sand (approximately
13 percent); the remainder is spoil areas, cypress swamp and tidal
marsh. Soil characteristics were derived from the Soil Survey of
Collier County, Florida, issued by the U.S. Department of Agri-
culture in March, 1954.
-5-
Section 2
PROJECT DEVELOP~IENT
2.1 Purpose
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective land
uses in the project, as well as the project criteria for
Windstar.
2.2 General
A)
Regulations for development of Windstar shall be in
accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable
sections and parts of the "Collier County Zoning
Ordinance".
Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
"Collier County Zoning Ordinance".
2.3
Project Plan and Land Use Tracts
A)
The project Master Site Plan, including layout and
land use of the various tracts, is iljustrated
graphically by E~:hibit "A", PUD :4aster Development
Plan. There shall be four (4) land use tracts,
plus necessary street rights-of-way, the general
confLguration of which [s also iljustrated by
Exhibit "A".
1)
2)
Three tracts contain medium density multi-
family residential (+_) 116.0 acres.
The golf course tact (+) contains 204.6
acres.
B)
TOTAL: (~) 320.60 acres
Areas iljustrated as lakes by Exhibit "A" shall be
constructed lakes. Such lakes shall be in the same
general configuration and contain the same general
acreage as shown by Exhibit "A".
-6-
c)
In addition to the various areas and specific
items shown in Exhibit "A", such easements (utility,
private, semi-public, etc.) shall be established
within or along the various 'tracts as may be
necessary or deemed desirable for the service
function or convenience of the project's inhabitants.
2.4
Maximum Pro~ect Density
No more than 749 multi-family residential dwelling units
shall be constructed in the total project area. These units
may be located as desired within the boundaries of the multi-
family tracts. The gross project area is 320.60 acres. The gross
project density, therefore, will be a maximum of 2.34 units
per acre.
2.5
Pro~ect Plan Approval Requirements
Prior to the recording of the Record Plat, final plans of
the required improvements shall receive the approval of all
appropriate Collier County governmental agencies to insure
compliance with the Plan of Development, the County Subdivision
Regulations and the platting laws of the State of Florida.
Exhibit "A" - PUD :.laster Development Plan, constitutes the
required PUD Development Plan and the Subdivision Master
Plan. Subsequent to its approval, the Final Site Plans and
Final Subdivision Plat shall be submitted for approval.
-7-
Section 3
MEDIUM DENSITY
MULTI-F~ILY RESIDENTIAL DEVELOPMENT
3.1 Purpose
The purpose of this Section is to indicate the development
plan land regulations for the areas designated on Exhibit "A"
as Tracts for Medium Density Multi-Family Residential.
3.2
.. S,it? Pla..~ Requirements for Tracts
A)
In the event an entire multi-family tract is sold by
any owner to a second party for subsequent development
by that second party, a master (or site) plan for the
entire tract must be submitted by the second party and
be approved by the appropriate Collier County agencies
prior to the issuance of building permits. Such
master (or site) plan shall show the proposed lo-
cation of all access roads, off-street parking areas,
recreation facilities, landscape plan, other accessory
uses and multi-family residential structures and the
distribution of dwelling units among the proposed
structures.
3.3
Maximum Dwellinq Units
A maximum number of 749 dwelling units may be constructed
within the multi-family tracts. These units may be located or
cjustered as desired over the development Tracts to enable
maximum open space and preservation of natural vegetation.
3.4
Uses Permitted
No building or structure, or part therof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A)
Principal Uses:
1)
2)
3)
4)
Multi-Family Residences.
Lakes and water management facilities.
Project management office and facilities.
Manager's residence.
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015 244
B)
Accessory Uses:
1)
Accessory uses and structures, including private
garages.
2)
Recreational uses and facilities such as
boat ramps and small docks, swimming pools,
children's plaground areas, driving ranges and
practice greens, etc. Such uses shall be
visually and functionally compatible with the
adjacent residences which have the use of such
facilities.
3)
4)
5)
6)
Signs as permitted at time of permit application.
f4odel dwelling units shall be permitted in con-
junction with the promotion of the development.
Maintenance and utility buildings and facilities.
Boat ramps or small docks to allow lake recreation.
7)
Golf clubh ~use, parking, tennis, proshop and other
clubhouse ~elated commercial facilities as
described .n Section 4.3, B,2.
3.5
Requlations
3.5.1
General: All criteria listed below shall be
understood to be in relation to the respective
tract bo~::~dary lines or between buildings.
3.5.2
:.~inimum Yards: The multi-family "Tracts"
~'nc[uded in"' the project design are not intended
to facilitate traditional criteria for front,
side and rear yard setbacks. On the other
hand, the following criteria are herein included
so as to preserve the integrity of the project:
A) Setbacks from Golf Course Tract Lines - None.
B)
Setbacks from non-golf course Tract Lines
30 feet or one-half (1/2) the building
height whichever is greater.
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015
3.5.3
3.5.4
c)
Distance between principal structures = 20
feet or one-half (1/2) the sum of the
heights of the adjacent structures whichever
is greater. In instances where there shall
be structures on opposite sides of the same
envelope (or multi-family tract), and these
structures are separated by a through
accessway, each structure will be set back
from the center of the accessway a minimum
of 20 feet plus one-half (1/2) the height
of the structure.
D)
Setbacks from edge of street pavement 30
feet or 1/2 the building height whichever is
greater.
Minimum Floor Area: Each residential unit shall
have a m~nimum floor area of 800 square feet.
Maximum Height: Three (3) floors of living area,
~"ith one floor of parking below not to exceed
forty (40) feet above finished grade which is
defined as the minimum base flood elevation
required by the flood elevation ordinance or
South Florida Water ~lanagement District whichever
is greater.
3.6
Off-Street Parking. Requirements
3.6.1
Location: Parking spaces required for buildings
~i'thin an envelope or tract shall be located
within said tract ar%d shall be located under tho
building and outside in the immediate vicinity of
the building being served.
3.6.2
Rgquirements: One and one-half (1 1/2) paved
parking spaces per residential unit plus one-half
(1/2) grassed space dedicated to overflow parking.
-10-
015
Section 4
GOLF COURSE
4.1 Purpose
The purpose of this section is to set forth the development plan
and regulations for the areas designated as golf course on the
PUD Master Development Plan, Exhibit "A".
4.2
Development Plan
A)
The primary function and purpose of this Tract will be
to provide golf course and non-golf related recreational
facilities. Further, these areas shall provide for the
flood relief and drainage of the total project.
B)
Except in areas to be used for water impoundment and
principal accessory use areas, all natural trees and
other vegetation as practicable shall be protected and
preserved. Ail landscaping and earthwork to be per-
formed in the Golf Course shall be of high quality and
in keeping with the primary goals set for this develop-
ment.
4.3 Uses Permitted
No building or structure, or part thereof, shall be erected,
altered or used, or land used, in whole or in part, for other
than the following:
A) Principal Uses:
l) Golf Courses.
2) Open spaces and outdoor recreation facilities.
3) Lakes and other functional facilities or uses
to serve for the flood relief and drainage of
project improved areas.
4) Pedestrian and bicycle paths or other similar
facilities constructed.
-11-
0i5
4.5
5)
Small buildings, enclosures or other structures
constructed for purposes of maintenance, storage,
recreation or shelter with appropriate screening
and landscaping.
6)
Shuffleboard courts, tennis courts, swimming
pools, and other types of facilities intended
for outdoor recreation.
7)
On-site sewage treatment plant/facilities (see
Section 4.8 of this PUD Document).
8) Non-golf recreation facilities.
Accessory Uses:
1)
Clubhouse, 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,
cock%ail lounges, and similar uses, intended to
exclusively serve patrons of the golf course
or other permitted recreational facilities,
subject to the provisions of the zoning of
Ordinance at the time of building permit
application.
Boat ramps, docks and related facilities.
4)
~odel dwelling unit to serve as sales and
promotion center.
General Requirements
1)
Overall s~te design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
2)
Buildings shall be set back a minimum of fifty (50)
feet from abutting residential structures and the set-
back area shall be appropriately landscaped and main-
tained to act as a buffer zone.
-12-
3)
4)
Lighting facilities shall be arranged in a manner
which will protect roadways and neighboring properties
from direct glare or other interference.
A site plan shall be provided showing pertinent
structure locations.
4.6
Maximum Height.
Forty (40) feet above finished grade which is defined as the
minimum base flood elevation required by the Flood Elevation
Ordinance or South Florida Water Management District, whichever
is greater.
4.7 Minimum Off-Street Parking
As required by Zoning Ordinance at time of permit application.
4.8 Special Uses
A portion of the golf course tract may be used as the location of
a golf course maintenance yard and sewage treatment plant and
oxidation/evaporation pond. When a municipal treatment and col-
lection system is available to serve the project, the treatment
plant may be discontinued and all of the area that was utilized
for sewage treatment shall revert to multi-family as provided
for by section three (3). At such time as the golf course
maintenance yard is no longer used, the area shall revert to
multi-family as provided for by section three (3). Upon
agreement with the County Utilities Director, the Sewage Treatment
Facility may become a permanent facility under operational
direction of the County Utilities Department.
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015 2 49
Section 5
DEVELOP~ENT STANDARDS
5.1 Purpos~
The purpose of this Section is to set forth the standards for
the development of the project.
5.2 General
All facilities shall be constructed in strict accordance with
the Final Development Plan and all applicable State and local
laws, codes, and regulations. Except where specifically noted
or stated otherwise, the standards and specifications of the
current official County Subdivision Regulations shall apply to
this project.
5.3
PUD Master Development Plan
Exhibit "A", PUD Master Development Plan, iljustrates
the proposed development.
Except for such definitive facilities and demarcations
as street locations, Tract boundaries, etc., the design
criteria and system design iljustrated on Exhibit "A"
and stated herein shall be understood as flexible so
that the final desLgn may best satisfy the project, the
neighborhood and the general environment.
All necessary easements, dedications, or other in-
struments shall be grab%ted to insure the continued
operation a~%d maintenance of all service utilities
and all areas in the project.
5.4
ProQect Development and Recreational Facilities
The proposed development is iljustrated by Exhibit "A". The
proposed construction shall comply with the standards set forth
and the resulting complete project shall adequately serve its
occupants and members and will not cause a general public
problem. Such measures as the construction of cul-de-sacs
at street ends, screens, signs, landscaping, erosion control
and other similar-in-function facilities shall be taken into
account for' the above set forth objective.
-14-
0 i5 50
5.5
Clearing, grading, Earthwork, and Site Drainage
All clearing, grading, earthwork and site drainage work shall
be performed in accordance with all applicable State and local
codes.
The preserve area in the western portion of the project will
be protected during construction with flagging and posting. The
haul roads will be identified, and the contractor will adhere
t~) these roads, which will be stabilized if sand traps occur.
5.6 Street Construction
~11 streets will remain private with controlled access provided
pya manned gatehouse. All street design and construction shall
meet the Collier County standards that are in effect at the time
of approval.
5.7
Ea:ements for Underground Utilities
Easements for underground utilities such as power, telephone,
TV cable, wastewater collection and transport, water distri-
bution lines and other similar utilities necessary for the
service of the project shall be located as requi~ed and granted
~or those purposes. Clearing of the easements for installation
of underground utilities shall be selective so as to protect
the maximum number of trees and natural vegetation.
5.8 & 5.9 Utility Stipulations
l)
A letter of commitment from the City of Naples regarding water
service bo submitted to the utility office prior to approval of
the construction documents.
2)
Data required under County Ordinance No. 80-112 must be sub-
m~ted and 0pproval granted prior to the approval of the
construction documents. Submit a copy of the approved DER
perm~.t aFplic~Li~n for the sewage collection and transmission
system and a copy of the approved DER permit application and
coB. struction permit for the wastewater treatment facility
to be utilized along with the data for'Ordinance No. 80-112.
:.. NOTE
Pages 15 and 1Sa of Ord. 82-54 originally
transmitted to Tallahassee Auzust 3, 1982
were in error..
Corrected pages received from Planning Dept.
and sent to.I~%llahassee August 26, 1982~
and validated by the Secretary of State~
m -
ugust 31, 1982. Return received the 3~d da~
of Septe~m~r, 1902..~ , ~
By: L ",
Deputy Clerk i - ~
''
FLORIDA DEPARTMEI'f'f' OFSTATE '
George Firestone,,.,
S~crelary of St,~te ' u ,L
August 51, 1982
ltonorable William J. Reagan
Clerk of the Circuit Court
Collier County Courthouse
Naples, Florida 33942
Attention: Virginia Hagri
Dear Mr. Reagan:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
Receipt of your letter/s of August 26
and certified copy/les of Collier
County Ordinance/s No./s 82-72 through 82-78 and
Pages 15 and 1Sa of Ord. 82-54, to be inserted therein
NK/
2. Receipt of
rel'ative to:
(a)
County Ordinance/s
which we have numbered
(b)
which we have nung~ered
we have filed this/these Ordinance/s in this offtc~'
on August ~1, 1982.
The original/duplicate copy/les showing the filingjd
date is/are being returned for your records. -, [~.
Cordially,
(Mrs.)~-Nancy Kavana~gh
Chief, Bureau of Laws ~
F~_[~. R_ !_DA_.:_S_t ~ .t e .q f_t h e__A r_t_s
0/.,5'
3)
4)
5)
All customers connecting to the on-site sanitary sewer
system will be customers of the County Water-Sewe~ District
and will be billed in accordance with the approved rate
structure. Any future considerations for off-site treatment
and disposal of the sanitary sewage from this project must
be submitted and approved by the Utility Department and the
rate structure, for billing purposes, be reviewed and approved
by the Board of County Commissioners. Rates for off-site
treatment and disposal would be established on the basis
of generally accepted utility rate making.
All construction on the proposed sanitary sewer system shall
utilize proper methods and materials to insure watertight
c~.nditions.
A written agreement with the developer of the project, legally
acceptable to the County Water-Sewer District, stating that:
Connection to the County's or City's Central Sewer
facilities, whichever is applicable, will be made by
the owners, their assigns or successors at no'cost
to the County or City within 90 days after such
facilities become available.
The owner, their assigns or'successors shall agree
to pay all system development charges at the time
that building permits are requested, pursuant to the
appropriate County and City ordinances and regulations
in effect at the time of permit request.
-1Sa-
.
5.10
Solid Waste Disposal
Arrangements and agreements shall be made with the approved
solid waste disposal service to provide for solid waste collection
service to all areas of the project.
5.11 Other Utilities
Telephone, power, and TV cable service shall be made available
to all residential areas. Ail such utility lines shall be
installed underground.
5.12
Traffic Signal
The developer agrees to pay the costs of a traffic signal system
at the intersection of Kelly Road and the Entrance to Windstar
at the time such signal system is constructed. At the time of
beginning of land development, additional pavement will be con-
structed along Kelly Road at the entrance to Windstar to
provide left turn storage and right turn decleration lanes for
traffic entering Windstar. Costs associated with this paragraph'
shall bo included in the bonded improvements when the Plat is
recorded.
5.1 3 Roadways
The primary entrance road west from Kelly Road to intersection
with first internal street shall be four laned. An entrance road
at north end of Fern Street will serve a~ limited access to
maintenance and sewer treatment area.
5.14
Develo~)me?.t Limitations
The development line shall adhere to the upland/wetland boundary
line as iljustrated on Exhibit "A". Selective filling, modifi-
cation of the line's location, and cart path and pedestrian
bridge construction may u]timately be performed waterward of the
designated line but only after appropriate permit approvals have
been obtained. Revisions shall be subject to the approval of the
EAC, WMAB, Board of County Commissioners and other appropriate
State and Federal agencies. Trimming and/or grooming of wetland
vegetation will be allowed subject to state guidelines.
5.15 Signs
Ail signs shall be in accordance with the appropriate Collier
County Ordinances.
-16-
5.16
Landscaping for Off-Street Parking Areas
Ail landscaping for off-street parking areas shall be in
accordance with the appropriate Collier County Ordinances.
5.17
P. arkin~, Storage, or use of Ma~or Recreational Equipment
Major recreational equipment is hereby defined as including boats
and boat trailers, horse trailers, travel trailers, pickup
campers or coaches (designed to be mounted on motorized vehicles),
motorized dwellings or motor homes, tent trailers, popout campers,
houseboats, and the like, and cases or boxes used for transporting
recreational equipment, whether occupied by such equipment or not.
No major recreational equipment shall be used for living, sleeping
or housekeeping purposes when parked or stored within the project
or in any location not approved for such use. Major recreational
equipment may be parked or stored only in a completely screened
area and cannot be seen from the exterior of the lot or the
adjacent mu]ti-family structures; provided, however, that such
equipment may be parked anywhere on residential premises for a
period not to exceed twenty-four (24) hours during loading and
unloading.
5.18 ~ark.in? .g.f_C~me~rcial.Vehicles in Residential Areas
It shall be unlawful to park a commercial vehicle within the
residential zoned districts unless one of the following
conditioms e×ist:
1)
The vehicle is engaged in a construction service
operation on the site where it is parked. The
vehicle must be removed as soon as the construction
or service activity has been completed.
2)
Automobiles, vans, pick-up trucks having a rated
load capacity of less than one ton shall be exempted
from this Section.
5.19
General Landscape Development Concept
A) Objective
To provide an aesthetically pleasing environment for
future residents ef this development and the community
as a whole, with minimum disruption of existing
vegetation patterns by:
1)
Establishment of guidelines for maximum
utilization of existing natural features.
2)
Maintain preserve area in a natural unaltered
condition.
-17-
c)
D)
E)
NatiMe..Ve~etative Buffer Areas
Function: Provide visual and noise buffer between
bui'lding'sites, roadways and adjoining properties.
Treatment: Vegetation to remain in an unmolested
state. All vehicles and construction equipment to be
prohibited from this area during and following con-
struction with the exception of maintenance equipment.
Specific maintenance program will be established to
maintain a healthy natural state.
Preservation Areas
Function: All areas waterward of the upland/wetland
~'66'ndary are considered valuable and unique to the
environment of this development.
Treatment: Vegetation to remain in an unmolested
state, except for development of pedestrian/cycle
paths and other selected fill or restoration projects
which may be approved by appropriate county, state
and federal agencies. Vehicles and construction
equipment to be prohibited with the exception of
original construction and maintenance equipment.
Selective trimming and grooming is allowed subject
to State guidelines.
Buildin~ Sites
Function: Location for structures.
Treatment: Retain maximum amount of vegetation with
the exception of small areas for stockpiling fill.
Lake Areas
Function: Provide water storage, recreation and
aesP'he"tidally pleasing quality for the community.
Treatment: On completion of construction, lake
banks wili' be revegetated with durable grasses
to control erosion.
-18-
015 7.5§
General Policies
Function: Provide an aesthetically pleasing as
well as functional environment in general.
Treatment: Three classifications fall into this
category.
1)
Select clearing areas: As a general policy and
as much as practicable selective clearing and
protection of valuable vegetation shall be
applied.
2)
Disturbed areas: Upon completion of construction,
all disturbed soils located within the Golf Course
shall be revegetated with durable grasses to
eliminate water and wind erosion.
3)
Obnoxious exotics shall be destroyed in accordance
with the applicable County Ordinances.
5.20
Previous Commitments
Ail previous development conditions agreed to during the re-
zoning of Fisherman's Cove to Golf Course are attached as
Exhibit "C", dated June 5, 1980. All are made a part of this
document and have been or will be complied with during develop-
ment of this project.
5.21
General Utilities Commitment
Pertaining to water supply and wastewater handling the following
will apply:
^)
All systems shall be coordinated and approved by the
utilities division prior to their installation.
B)
All applicable County ordinances relative to the
dedications, lease back of the utility facilities
shall be complied with.
c)
All applicable county ordinances relative to water and
sewer system development charges shall be complied
with.
D)
All utilities shall be provided to comply with all
applicable regulations.
-19-
015
,>
, , , j
't
d
"- Jr.
$1.
I~'. owacd, o~,~ra~ed n.d ,~.~i~ainud
~i]~inO~. b~ r(sk:fcted t,~ 3 habitat,lc florae.
lt~irmtn~n nn~u~,l ve~c~a~Len. '.
ep~ro'.,cd b~' tiaa %at%D prior
, J~.!~ff, ~,'~_ ~%~. ....
015
TillS ACRF. I<HEHT unturud J. utu Ch£u 1GLh day u£ September, 1900
beg~uen ~he ~O~D OF COUNTY COHHISSZO~EItS OP COLE~ER
?~OEIDA nnd ~tISPEAI~C PINES, Z~C., n Florida corporation 1}? and
through LCo u~deroL~ncd Pre~LdenC, EbOYD GIIEEI1A~.
Pineo, Znc,, by and throuGl~ LLOYD SIIEEIIAH, Petitioner and AGent,
in Zoning Petition R-OO-15-C and os Prentden~ of ~isperi, ug Pines,
2nc., a~ree9 to tho followin~ stipulationu and c'ondittons an a
condition of tho rezonlng of tl~e proper~y in the nforeguld .
numbered pe~t~ion, ,
1. Ho buildings in 1~-1/4, SW-1/4, Section 14, To,ship
Sou~, Range 2~ Ea~z, Collier County, Florida, as lndien~ed
the afore6atd re=ontng pe~i~ion, will be more than three habtt~ble
floora in heiDh~ plu~ one (1) parking level, said structures not
to exceed 40' above ~he fini:hed grade. This restriction on
building helDhu in the aforenaid nreas iu a voluntary a~reemeng,
mutually ~atiofactory ~o both Collier County and ~sperin~
' Inc., and thtu A~rccmcnt wau not forced upon the Petitioner,
~i~pering Pines, Inc. nor was pre:sure exerted upon
Plne~, Inc. to cn~er into thi;,Agreemcnt.
~dditionally and furthermore ~fsperfn~ Pinee, Zne. indiea~e3
it hau no objection to any action of Collier Cbun~y to rezone
the aforesaid described proper~y eur=ently zoned ~-2
kno~m au ~i-1 or a uimilar elo~uifie~tton in ehe future.
~IlSPERING PINES, XNC.
,- · 0 '
_ '
Approved ,~ ~p form and legal
muffi ~
A~ i~ c~oun ~ Ac cornoy