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Ordinance 76-22 , co LI R SY C. ING T.E ZONING DI TR CT CLASSIFICATION OF THE PROPERTY DESCRIBED ~ELOW FROM "A# AGRICULTURE DISTRICT TO A PLANNED UNIT DEVELOPMENT (PUD) /~ND PROVIDING AN EFFECTIVE DATE W~IEREAS, Thomas R. Peek~ representing the Bank of Naples, Truskee for a group of investors headed by John E. Dodg~ and Grant Z~anderaon., owners of the property hereinafter described, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the real property hereinaf~er described. NOW TllER~FORE BE IT ORDAINED BY T~E BOARD OF COUNTY COMMISSIONERS OF COLLIER'COUNTY, FLORIDA~ SECTION ONE~ 1. The Zoning Classification of the hereinbelow described real property in Collier County, Florida, is changed from 'A" Agricultural to Planned Unit Development (PUD) a~d is sub]sot'to all conditions as hereinafter described and, the Official Zoning Atals described in Ordinance NO. 74-42 and ?5-24 is here~y amended eccordingly~ DEVELOPMENT PLAN I. !. PURPOSE FOR BR I AR~OOO A PLANNED UNIT DEVELOPHENT SECTION I PROPERTY O~[IER$111P AND DESCRIPTION The purpose of thls Section Is to delineate the location and mvnershlp of the subject property and to describe the existing condltions oF the property proposed to be developed under the project name oF BRIARUOOD. 1.2. LEGAL DESCRIPTION The s.bJect property Is described as: The ~est I/2 oF the ~est 1/2~ and the Southeast I/~ of the Northwest I/~; and the Southeast I/6 of the Southwest I/q~ less that portion conveyed by Oeed dated Aug. 17, i~71 and recorded Sept. 2, 1~71 In O.R. Book ~13, P~ge 212, Public Records of Collier County, Florida; and less that portion deeded For State Road Right o~ ~ay, ~ith parcels being situate 'and lying in Section 31, To~shlp 49 South, Range 2& East, Collier County, Florida, consisting oF 210 ecres, more or less, being subject to restrictions and reservatlonl oF re;ord. PROPERTY OWNERSHIP The subject property iS held In trust by the Dank of Ilaoles, Trustee for a group of Investors h~aded by dohn E.Dodge and Grant Henderson. £vldence of unified control of the property Is provided by Exhlbit'A~, Warranty Deed. 1.4. GEttERAL DESCRIPTIOtl OF PROPERTY AREA A, The general location of the subject property, the current zoning classificatlons of surrounding properties and nearby land developments are iljustrated by Exhibit "B", B, The project site contains 210.42 acres and is located tn theW est I/2 of Sectlof~ 31, T~nship 49 South, Range 26 East, which Is approximately one (i) mile east of Airport Road and situated between Radio Road and Golden Gate canal. While It is bounded by Radio Road on the South and Golden Gate canal on tho Uorth, the Eastern boundary is provided by a hlgh voltage transmission line belonging to Florida Po~er and Llght Company ~nd tho Western boundary is the unrecorded Arnold Industrial Park. C. The current zoning classification of the subject property Is ~)~ Agricultural District. The property Is within the Collier County Water-Sewer District and Collier County Water ~anagement District I. 1.5. PHYSICAL DESCRIPTION The project ls located within Water ~an~gement District ltD. I and most of the area is wlthln the drainage basin of the Golden Gate Canal. Water manag~nent for the proposed project Is planned to be of the lake retention type. Elevations within the project site ara approximately nine (~) feet above sea I.eval. The soil types on the slte are approximately ~5~ Arzell Fine Sand and 5~ Bro~ard Fine Sand. The depth to bedrock In the area varies from flve feet to fifteen (15) feet belo~ natural ground surface. Soil characteristics were derived from the so11 survey Of Cailler County, Florida Issued by tho U.S. Dept. of Agriculture In Hatch, The site Is a typical pine-cypress woodland ~lth the following existing vegetation: Slash Pine (Pinus elliottl)~ Pond cypress (Taxodlum escendens) scattered; saw palmetto (Serenoa repens), often gro~lng In large defined masses; Oahoon holly (Ilex casslne) scatteredl cocoplum (Chrysobalanus Seato) scattered; wax myrtle (Hyrica eerlfera), scattered; Melaleuca (Lalaleuca leucandendra) mature trees with Isolated dense to scattered stands of second generation growth. In addition, there exists an Oak-paTm hammock (defined on Exhibit H) o~ predomlnateIy ~uercus species and cabbage palms (Sabal palmetto). SECTIOH II PROJECT DEVELOPHENT 2.1. PURPOSE The purpose of this Section ls to delineate and generally describe the project plan of development, the respective land uses of the tracts Included._ in the project, as well as the project criteria for. BRIARI400D. ~ 03 2.2, GEIIERAL .. A. Regulations for development of DRIAR~OOO Shall be in accordance with the contents of this document~ PUD-Planned Ilnlt 1)evolol~nonl; OlaLrlct and oth~r ~p/~ll~able sections end parts of ~he t'Colller County 'Zoning Ordinance~% 8, Unless otherwise noCed~ the deflnltlons oF all terms shall be the same as the deflnitlons set ~o~th In '¢ollle~ ¢oun~y ~onlng Ordinance', 2.1. PRO~ECT PLAH AND LAHD USE TRACTS , .' *A. The project plot plan, Including layout of streets end l~nd use of the various tracts, is Iljustrated graphically by Exhlblt 'F'~ Development Plan. There shall be'seven (7) land use t~ncts, plus street rlohts-oF-~ny~ the configuration of ~hle~ ts ~lso iljustrn~ed by Exhlblt I. Tract E: Single-Family Hoblle&Nodular 60.02 acres Res Ident iai 2. Tract A: Nulti-famlly Resldentlal 15.~2 acres 3. Tracts B ~ C: C~unlty C~erc~al IS.~'acres I~. Tract O: Publlc Park ~.10 acres 5. Tract F: Open Space or ~olf Course 82.~1 acres 6. Platted Streets ~0.87 acres 7. Outlet 'A*e BUFFER I.il acres TOTAL= 210.~2 acres B. Areas iljustrated as lakes by E~hlbt 'F' shall be constructed lakes~ or upon approval~ parts thereo~ may be constructed as shal]~ Intermittent ~et and dry depressions for ~ater retention purposes, Such areas, lakes and Intermittent ~et and dry areas shall be designed for rein ~torm~ of 25 year frequency and shall be In the same general configuration and contain the ~ame general acreage as shown on Exhibit 'F', The lakes and Interconnec:lng drain- age s~.~ales shall be dedicated to Collier County tu Insure their continued availability. The maintenance of the lakes and Interconnecting dralnage s~ales ~l:hin Tract F shall be the responsibility of the ~/ner of Tract F. C. In add~tlon to :he various areas and specific It,s sh~n Exhibit 'F', such eas~ents (utility, prlvate~ seml-publlc, etc.) shall be established ~lthln or along the various Tracts es may be necessary or deemed de~irab]e for the service~ function or convenience of the pro~ect~s inhabltants. 2.4. HAXIHUH PROJECT DEHSITY No more than a maximum o~ 600 residential dwelling units, single and multi-family, shall be constructed In tho total project area. The gross project area Is 210.62 acres. The gross project density, therefore~ ~111 be · maximum of 2.85 units per acre. 2.5. DEVEt. OPHENT SE(~UEtlCE AND SCHEDULE The anticipated development schedule for the entire BRIARWOOD project is set forth by Exhlblt 'G" of this document. 2.6. PROJECT PLAt/ APPROVAL RE~UIRE~EITTS Prior to the recording of the Record Plat, final plans of the required Improvements shall receive the approval of ell appropriate Collier County governmental ~gencles to Insure compliance wlth the Plan of Development, the County Subdivision Regulatlons and the platting laws of the State of Florida. Exhibit 'F~' (ORIAR~:)OD Development Plan) constitutes the PUD Development Plan and the Preliminary Subdivlsion Plat or Subdivision Haster Plan. "";"19. .... ,~,, SINGLE FAMILY HOBILE & HODu~AR RESIDENTIAL 'OEVELOPHEI'tT ' ,, . 3.1. PURPOSE . The purpose el~ thls Section Is to lndlcate the development plan and regulations for tho area designated on Exhibit "F' as Tract E, Single Family Residential, which has been designed specll:ically for the placement of mobile and modular homes for residential occupancy upon lots which are ov~ned by the residents thereon, ],7, HAXIHUH PUF. LLINR IINITR A maximum number of 395 single family units may be constructed in this tract. 3.3. USES PERHITTEO Ho building or structure, or part thereof, shall be erected, altered or used, or land used, In whole or part, for other than the roller, lng= Principal Uses: Single Family Hobile and Modular Residences. Accessory Uses: (1) Accessory uses a~d structures customarily associated with mobile & modular homes development, such es recreation facllltles~ service bulldlngs~ utilities, end additions which compllment the mobile & modular homes. (2) Signs as permitted by County 0rdinance. REGULATIONS: 3,~.1. GENERAL: AIl yards, let-backs, etc. shall be In relation to the Indlvldual parcel boundaries. HINIMU~ LOT AREA: ~,000 square feet. HINIHUM LOT ~IDTH= ~0 feet average between front and rear 1et lines. A. Front Yard - 25 feet. 3.4.5. Side Yard - 7 I/2 feet. Rear Yard - IO feet. All yards abutting a street shall be front yards. Four-sided corner lots shall have two front and t~ slde yards. Five- .sided corner lots shall have two front, t~o sides, and one rear yard, with the rear yard being farthest ~rom the abutting streets. ~INIMU~ FLOOR AREA: 600 square feet of living area 'e~'cl~s'lve of patio and garage. 3.~.6. OFF-STREET PARKING REQUIREMENTS: T~vo parking spaces shall be required for each d~elllng unlt, both oF which shall be located within the permitted building area, 3.h.7. MAXIHUH HEIGHT: Thirty (30) fhet above finished grade of lot. Accessory buildings Iimlted to t~enty (20) feet above finished grade of lot.... J 3.5.SPECIAL USE A'portio~ of Tract E (lots 339 thru 395) lying between the Florida Pov~er &~Light Easement end the Golden Gate Canal may be used as the tPd~porary location of a le~age treatment plant and oxidation/evaporation pond until · municipal treatment and collection system is available to s~rve the project. At loch time al the treatment plant Il dllcontinued, that part of Tract £ shall be utilized for Iinglo family development. as 'dod for by this Section, SECTION IV TRACT ^: tlULTIoFAHILY RESIDEIJTI^L DEVELOPMENT The purpose of this Section Is to Indicate the development plan and regulations For the areas designated on Exhibit "F" as Tract A, HultI-Famlly Residential, Prior to the Issuance of any bul)dlng permit, detailed archltectural pl~n~ ~h~ll k~ ~kmltted tn the proper County o~encle~ for revTc~ and approval as to conformity ~lth the Development Plan and the PUD document. 4.2. ~ITE PLAN REQUIREMENTS In the event an entire multi-family tract Is sold by any o~ner to a second party for subsequent development by that se~.ond party~ a master (or site) p)an For the entire tract must be sub- mitted by the second party and be approved by the appropriate Col!far County agencies prior to the Issuance of building permits. Such master (or site) plan shall sho~ the proposed location of access roads, off-street parklng areas, recreation facllltles, landscape plan, other accessory uses and multi-Family residentlaT structures and the distribution of dwelling units among the proposed s t ruc tures. In the event a multl-family tract Is sold by any o~ner In fractional part~ to other parties For subsequent development~ the follov~lng procedure shall be adhered to: (I) (2) The o~ner who proposes to fractlonallza any tract shall subm;t a master plan of property and dwelling unit distribution covering the entire affected multi-family tract for'review and approval by the appropriate Col)ler County agencies. Such approval shall be obtained prior to the sale of any fractional part of the affected tract. The master plan of property and dwelling unit distribution shall Include access road size, location, ownership and malntenence, and the distribution of land and dwelllng units. Such distribution of land vs. dwelling units shall be as nearly proportionate as possible. The developer of fractional part of a development tract must submit at the tlme of appllcatlon For a building permlt~ a detailed site plan For his fractiona) part. Such site plan shall sho~ the proposed location of all access roads, off- street parking areas, recreation facIlitles, landscape plan, other accessory uses and multi-family residential structures and the distribution of dwelling units amoung the proposed structures. HAXINUM DqELLING UNITS maximum number of 205 dwelling units may be constructed on this tract. ~.~. USES PERMITTED No. building or structure, or part thereof, shall be erected, altered or used, or land used, in ~hole or In part~ for other than the follo~ing: A. Principal Uses: (1) Hulti-Famlly Residences B. Accessory Uses: (1) Accessory uses end structures, Including private garages. -5- (2) Recreational'uses and facilities such as swlmmlng pools, chlldrenes playground areas, etc. Such uses shall be visually and functionally compatible wlth the adjacent residences which have the use of such facilities. Such facllitle~ shall not restrict the visual and Functional enjoyment of tho non-participating residences. o) S,gns es p.rm,tted by o.nty Ord,nanc.. REGULATIONS 4.5.1. HINIHUH YARDS: Radio Road Frontage - Seventy (70) feet measured from th~ fforth boundary of Radio Road right-of-way es exlstlng on January I, 1975. Such yards shall not be used for permanent structures or parking. Landscaping shall be permitted. Dedicated Street Boundaries (other than Radio Road) - Thirty-five (35) feet. C. Tract Boundaries that ere not Dedicated Street Boundaries - Thirty (30) feet; pool or any screened enclosure may be reduced to fifteen (15) feet. 4.5.2. DISTANCE BETt~EE~ STRUCTURES: There shall be a minimum separation between structures of 30 feet, or one-half (I/2) the sum of the adjoining building heights, whichever is greater. In Instances where there shall be structures on opposite sides or the same multi-family tract~ and these structures are separated by a through accessway, each structure wi1) be set back from the center of the accessway a minimum of 20 feet plus one-half (I/2) the height of the structure. 4.5.3. ~INI~UH FLOOR AREA: Each resldentlal unit shall have a minlmum floor area of 800 square feet. 4.$.6. ~AXIfIU~ tlEIGHT: Four (4) floors of living area, with option of having one (I) floor of parking beneath the livlng area. PARKIIIG AN0 ACCESS REQUIREHEHTS: .4.$.1. GENERAL RE~UIRENENTS ANO SPECIFICATIONS~ Each off-street parkSng space shall be at least ten (ID) feet in ~ldth and twenty (20) feet in leng:h and shall be so arranged that . no automobile shall have to back into any dedicated street. Each space shall be accessible from an access drive which Interconnects to a public right-of-way. All orr-street parking facilltles, Including access &isles, driveways end maneuvering areas, shall be surfaced with a hard~ dustless material. All off-street parking facilities shall be suitably sloped and drained so as not to. cause any nuisance to adjacent or public property. Access drives shall have a minimum pavement ~idth of 2~ feet wherever there ls parking along their edge. Otherwise, minimum pavement width of access drives shall be 20 feet. 4.6.2. LOCATION: Parking spaces required for bulldings ~lthln · tract shall be located wlthin said tract and shall be located on the same slde of tho access drive as the building belng served. 4.6.3. REQUIREHENTS: Parking Spaces - two (2) parking spaces per residential unlt. FUTURE RIGIIT-OF-~AY RE~UIREHENTS A parcel of land parallel to Radio Road shall remain as an unused part of Tract A so that It may become a part of any futura expansion of Radio Road. The add{liana1 right-of-way (35 feet along Radio Road) will be dedicated to the appropriate governmental agency at the time the expansion of Radio Road. ACCC~S TO RAOIO ROAD Only one access drive shall be permitted to connect Tract A to Radio Road. SECTION V TRACT F: OPEN SPACE OR GOLF COURSE S.I, PURPOSE The purpose of this Section Is to Indicate the development Plan end regulations for the area designated on Exhibit "F" as Tract F. This tract may remain as natural open space or may be developed as a golf course. 5.2. NATURAL OPEH SPACE If Tract F remains as natural open space, the following regulations shall ep~ly. A. Permitted Uses No build{rig or structure, or part thereof, shall be erected, altered or used, or land or ¥/ater used, In whole or In part, For other than the (I) Natural Open Space (2) Water management Facilities such as lakes, swales, control structures and pumping stations. (3) Central water treatment facilities In accordance with all applicable State end County regulations. Plan Approval Requirements Plans for all permitted uses except natural open space shall be submitted to the Olrector who will review these plans and approve their construction. Ail construction shall be In accordance wlth the approved plans and specification. 1. General Requirements (a) Overall slte 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) Materla! excavated from the lakes and other water management Facilities may be stored within Tract F but IF so stored, the stock plies shall be located, and shaped to be compatible with the surrounding area. Such stock piles shall be grassed with durable grass. (c) BuSS'dings shall be setback a mlnlmum of Fifty (50) Feet from tract boundaries and the setback area shall be approprlatal~ I=nd~capad and maIntah~,d to ~t d~ e burrer (d) Lighting facilities shall be arranged In · manner ~hlch will protect roadways and neighboring properties from direct glare or other Interference. (e) A slte plan shall be provided showing pertinent Heximum Height Twenty (20) feet above the Finished grade of the surrounding land. GOLF COURSE * '"' If Tract F is developed as a golf course, the following regulations shall apply. A. Permitted Uses and Structures No building or structure, or part thereof, shall be erected. altered or used,Dc land or water bsed. in whole or in part~ for other than the follo~ing= 1. Permitted Principal Uses and Structures. Golf Course Water Management facilities such as lakes, swales, control structures and pumping stations. (c) Central water treatment Facilities In accordance with al1 applicable State and County regulations. 2. Permitted Accessory Uses and Structures. (a) Clubhouses~ pro-shop~ practice driving range and other customary accessory uses of golf courses, or other recreational facilities. (b) Small con~erclal establishments, Including gift shops, golf equipment sales, restaurants, cocktail lounges. and similar uses, Intended to excluslvely serve patrons of the golf course or other permitted recreational Facilities, subject to the provisions of Section 8.12~ Zoning Ordinance. (c) ShuFFleboard courts, tennis courts, swlr~lng pools, and other types of facilities Intended for outdoor recreation. (d) Signs as permitted by County Ordinance, B. Planj, ARproval Requirements Plans For the golf course and all accessory uses shall be su~Htted to the Director who'will review these plans and approve their construction. All construction shall be In accordance with the approved plans and specification. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. I. General Requirements (a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, 1oration of access streets and parking areas and location and treat- ment of buffer areas. (b) Buildings shall be setback a minimum of Fifty (50) feet from tract boundaries and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. i, , a (C) Lighting facilities shall be arranged in a manner which ~ill protect roadways and neighboring properties from direct glare or other Interference, (d) A site plan shall be provided sho~lng partlnenl structure locations. C. Uaxlmum Ilaight_ Thirty-five (~5) feat above the finished grade.of the lot ~ithln 150 feet of any district restricted to thirty (30) feet or less In height, and forty-five (qS) feet elsewhere ~lthln the district. O. ~inlmum OFf-Street Parking As per Section 18 of the Collier County Zoning Ordinance. SPECIAL USE A protlon of Tract F l¥1ng between the Florida Power & Light Easement and the Golden Gate Canal may be used as the temporary location of a sewage tret, tment plant and oxidation/evaporation pond until a municipal treatment and collectlon system Is available to serve the project. At such time as the treatment plant Is discontinued, that part of Tract F shall be utilize~ for permitted development as provided for by this Section. SECTION VI TRACTS B & C= COHMUNITY C0RHERCIAL 6.~. PURPOSE The purposes of this Section Is to set Forth the plan and regulations for the areas designated on Exhibit 'F' as Tracts B & ¢= Community Commercial. 6.2. USES PERXITED No building or structure, or part thereof, shall ba erected, altered or used, or land or water used~ In ~hole or in part, for other than the Followlng= (I) (2) (:~) (~) (s) (el (7) (~) PRINCIPAL USES= Restaurants - No drive-Ins. Cocktail lounges and retail package sales of liquors and other beverages, no drive-ins, subject to the provisions of Collier County Zoning Ordinance. Retail shops and stores. Retail shops and stores may Include Incidental processing and repair actlvltles, provided they are accessory and subordinate to the retail saJes use, and provided that all storage, processing and repair of merchandise occurs ~Ithln the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. Financial institutions. Professional, business, flnanclal, utilities offices and services. Hedlcal offices and clinics - for humans. Art and photographic studios and galleries. Barber and beauty shops. Shoe repal~ shops. .-9- (IO) Laundry and dry cleanlng pickup establishments and self-service laundries. (11) Retail bakeries. (12) Tailoring, millinery, garment alta'ration and repair. (13) Huseums. B, Accessory Uses: (I) AcCessory uses and s~ructures customarily associated with the uses permitted In this district. (2) Signs as permitted by :ounty Ordinance. C. Provislonal Uses: The property may be used for the following subject to Section I~, Provisional Uses, of the Collier County Zoning Ordinance: (I) Transient lodging Facllltles with a minimum of twenty (20) ¢,/elllng units. (2) Schools and Colleges. (3) Private Clubs, subject to the prov~sions of the Collier County Zoning Ordinance. (4) Notion picture theaters and live theaters - no drive-ins. Commercial end private parking lots end parking garages. Service Station, subject to the provisions of the Collier County Zoning Ordinance. REGULATIOHS 6.3.1. Hllllmum Lot Area: None 6.~.2. ~inimum Lot ~idth: None 6.3.3. Minimum Yards: A. Radio Road Frontage - sixty (60) feet measured from the north boundary of Radio Road right-of-~vay as existing on January 1, 1~75. Such yard shall not be used for permanent structures or parking. Landscaping will be permitted. B. Tract boundary 11nas and dedicated roads other than Radio Road - twenty-five (25) Feet, (no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) Feet. C. Separation between structures - one-half (I/2) of the sum of the heights of the structues. Minimum Floor Area: I,O00 square feet' per building on the ground floor. 6.3.5. Maximum Height: 30 feet above Finished grade. a 6.3.6. Haximum Floor Area: 201: of Commercial land area. HIHIHUH OFF-STREET PARKING AND OFF-STREET LOADING Off-street perking and off-street loading shell conform to the requirements of the Collier County Zoning Ordinance. 6.5. PLAN APPROVAL Plans for the development of ell or part of Tracts B ~ C ~hall he eppruved by the Coastal Area Planning Commission for architectural' appearance, signs, lighting, parking and landscaping. 6.6. FUTURE RIGHT-OF-WAY RE~UIREHENTS A parcel of land parallel to Radio Road - 35 feet In width shall remain as an unused part of Tracts B & C so that It may become a part of any future expansion of Radio Road. The additional right-of-way (35 feet along Radio Road) will be dedicated to the appropriate governmental agency at the tlme of the expansion of Radio Road. ACCESS TO RADIO ROAD One access drive may be permitted from each of Tract B and Tract C connecting with Radio Road and In that event such connections shall be at least 500 feet from the centerIIne of BRIAR~O00 Boulevard. 6,8, ACCESS TO BRIARWOOD BOULEVARD' Access from Tract B to Briarwood Boulevard shall be limited to four (q) driveways wIth'a mlnrmum distance of 200.feet between centeriines of such driveways. Access from Tract C to Briarwood Boulevard shall be limited to one drive~ay, SITE PLAN RE~U. IRE~ENTS In the event an entire commercial 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 location of all buildlngs, access roads~ off-street parking areas, landscape plan, other accessory uses end structures. In the event a commercial tract is sold by any owner In fractional parts to other parties for subsequent development, the following procedure shall be adhered to: (I) The o~vner ~,~ho proposed to fractionallze any tract shall submit a master plan of the entire affected tract for revlew and approval by the appropriate Collier County agencies. Such approval shall be obtained prior to the sale of any Fractional part of the affected tract. The master plan shall Include access road size, location, ownership and maintenence and the dlstrlbution of land. (2) The developer of fractional part of · commercial tract must submit at the time of application for a building permit, a detailed slte plan for his Fractional part. Such site plan shall show the proposed location of bulldlngs, access roads, o~f-street parking areas, landscape plan, other accessory uses and structures. (3) The minlmum fractional part to be master planned at one time shall be four (6) acres or all of Tract C. SECTION VI! 7.J. PURPOSE The purpose of thls Section Is to set forth the standards for the development of the project. 7.2. GENkRAL Ali facilities shall be constructed in strict accordance with the BRIARWOOD Development Plan and all applicable State and local laws, codes, and regulations. Except whePe specifically noted or stated otherwise, the standards and specifications of the County Subdivlslon Regulations in effect at the time of approval of the record plat shall apply to this project. 7.3. BRIARWOOD DEVELOPHENT PLAN A. Exhibit e'F", BRIARWOOD Development Plan, iljustra~s the proposed development, and the location of the temporary sa~age treatment facilities as permitted by Sections III and V of this document. O. Except for such definitive facilities and demarcations as street locations, Yrect boundaries, etc., the design criteria end system deslgn Iljustrated on Exhibit "F" and stated herein shall be understood es flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other Instruments ~hell be granted to Insure the continued operation and maintenance of all service utilltles in the project. 7.4. PROJECT DEVELOPHENT The proposed development Is Iljustrated by Exhibit 'F'. The proposed construction shall comply wlth 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 es the construction of cul-de-sacs at street ends, screens, signs, landscaping, erosion control and other similar-In-function facllitles shall be taken to accomplish the above set forth objective. 7.5. CLEARINGt GRADINGr EAR~.H'dORR, AND $I~E DRAINAGE All clearing, grading, earthwork, and site dralnagework shall be performed In accordance ~ith all applicable State and local codes. The Oak-Palm Hammock in the Sout~vest portion of the project be protected during construction with fencing and posting. The haul roads will be Identified, and the contractor will adhere to these roads, which ~ilI be stabillzud I[ sand traps occur. 7.6. STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are In effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane divided section from Radio Road along the length of Tract B with a transi- tion to a two lane section at the Intersection of Brlar~ood Boulevard with ~illo~ Way. The remainder of Briarwood Boulevard and all other streets shall be constructed as t~o lane sections. -12- A bicycle path shall be constructed elong Briarwood Boulevard from Radlo Road to the intersection of Brierwood Boulevard with Greenbrier R~ad at Outlot A. Outlot A shall be dedicated to the County for use for public purposes at the tlme the record plat for that portion of project is recorded. £ASEHEIlTS FOR UNDERGROUND UTILITIES Easements for undergrbund utllitles such as power, telephone, T.V. cable, westewaLer collectlon and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for 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, 7.8. WASTEWATER COLLEC.TIqNt TRANSPORT AND DISPOSAL Ail project areas shall be served by a central wastewater collectlon system. Until such time that the site ls served by Colller County Water-Sewer District, a temporary on-site system, of approved location, er contract wlth an approved off-site utility shall serve to provide wastewater treatment and disposal for the project. 7.9. WATER SUPPLY 7,10. 7.11. 7.12. 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 City of Naples system or other area-wide systems made available to the project site via Co111er County Water-Sewer District. A letter shall be obtained from the water agency approving extension of the water lines prior to site development. A letter shall also be obtained From the water agency committing dollvery of water servlce prior to Issuance of building permlts for construction of dwelling units. Individual wells shall not be permitted For potable water supplies for residential areas, except that on-site central water treatment facility may be approved by the Board of County £ommlssioners. SOLIO WASTE OISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for solld waste collection service to all areas of the project. OTIIER UTILITIES Telephone, po~er~ and TV cable service shall be made available to all resldentlal areas. All such utility lines shall be Installed underground. TRAFFIC SIGNAL Th~ developer agrees to pay his proportionate share of the costs of a traffic signal system at the intersection of Radio Road and the entrnnce to BRIARWOOD at the time such system Is constructed. At the time of beginning of land development, additional pavement will be constructed along Radio Road at the entrance to BRIARWOOD to .provide left turn storage and right turn deceleration lanes For traffic entering BRIARWOOD. Costs associated with this paragraph shall be Included in the bonded improvements when the plat is recorded. 7.13. ARCHITECTURAL REVIEW All buildings constructed wlth BRIARWOOD must comply wlth the architectural revle~ standards which shall be specified by the recorded covenants and deed restrictions that go wlth the properties. ACCESSORY STRUCTURES Accessory structures must be constructed si~ultaneousIy with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 7.15. SIGNS All signs shall be In accordance with the appropriate Collier County Ordinance. 7.16. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-stre&t parking'areas shall be In accordance with the appropriate Collier County ordinance. 7.17. PARKINGt.STORAG~..pR USE OF NAJOR RECREATIOI~AL EQUIPMENT Hajor recreational equipment Is hereby defined as Including boats end boat trallersD horse trallersD travel trailers, pickup campers or coaches (designed to be mounted on motorized vehicles), motorized d~ellings or motor homes, tent trailers~ popout campers, houseboe.s! and the IIkep and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equlpment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot 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; provided, ho~ever, that such equipment may be parked anywhere on residential premlses for a period not to exceed twenty-Four (2hi hours during loading and unloading. 7.18. PARKING COMHERCIAL VEHICLES IH RESIDENTIAL AREAS (A) It shall be unlawful to park a commercial vehicle on any lot In a resldentlal zoned district unless one of the foilc~ving conditions exist: (I) 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) The vehicle is parked Ina garage, carport, or fully screened area and cannot be seen from the exterior of the lot. O) Automobiles, vans, plck-up truck~ having a rated load capacity of less than one tone, shall be exempted from this Section. 7,19. ~ATER HANAGEMEHT The project shall be designed and constructed so as to direct the surface runoff from all areas of tho project through the project water management system. A dry season pool shall be malntalned In the lakes portions of the project by pumping from the Golden Gate Canal. The golf course Irrigation water shall be drawn from the lakes. 7.20. EXTERNAL ANTENNAS 4 Antennas~including but not limited to T.V., C.B., F.M. and ham radio · antennas, shall not be permitted to be located external of the principal or accessory structures In residential districts. 8.1. PREFACE The purpose of this section is to establish guidelines For the preservation of certain natural resources and prescribe landscape treatment for other areas as defined In Exhibit ~He~. 8.2. OBJECTIVE To enhance the quality of the environment for future residents of this development end the community as a whole by: A. Establishing guidelines for maximum utilization of existing natural vegetation wlthln the development plan. B. Preservation of oak-palm hammock In a natural unaltered condltlon. C. Establishing guidelines for re-vegetation of cleared areas. 8.3. PLANT CO~HUNITY ANALYSIS !00~ of the total land Is typically flat with one foot or less change in elevation, pine-cypress woodland with the following existing vegetation: Slash Pine (Pinus elllottl); Pond cypress (Taxodlum ascendens) scattered; saw palmetto (Serenoa repens)~ often growing In large defined masses; Baboon holly (ilex cassine) scattered; cocoptum (Chrysobalanus lcaco) scattered; wax myrtle (Hyrica cerlfera), scattered; ~elaleuca (Lelaleuca leucandendra) mature trees w]th Isolated dense to scattered stands of second generation growth. In addition, there exists an O~-palm hammock (defined on Exhlblt'He~) of predomlnately Quercus species and cabbage palms (Sabal palmetto). There Is some scattered Florida holly (Schlnus tereblnthefollus). The Florida holly and the second growth melaleuca should be considered "obnoxious exotics~ where they occur In preservation areas and should be destroyed. LANDSCAPE OEVELOP~IENT 8.h.I. Sin~lq FaDITy ~1obfle & Nodular Dwelling Sites: Shall be excluded from landscape development by the .project sponsor. However, he shall not alter the existing vegetation within the dwelling site boundaries fr~n Its natural state except for these areas where access may be required for construction activities (to include but not limited to drainage, utility easements, etc.). Said access areas shall not exceed 50 feet in width at any one point and shall not exceed 20~ of the total dwelling site areas. They shall be stabilized with durable grasses. In the event that temporary sewage treatment facilities may by required ~or this project, said facilities will. be located within the single fa~ily dwelllng sites located In the parcel to the north of the Florida Power and Light Right-of-way. Should this occur, the requirements Indicated above are excluded and following requirements prevail. A. Clearing shall be minimized to the extent necessary to accommodate the required facilities. B. All disturbed ground areas shall be revege:ated ~ith durable grasses to stabilize eros ion. C. l~hen the treatment ~IIitles are no longer needed and · removed (as sewer d~'~trlcts are formed with required ~ durable grasses and reforested on a program develop~ ~: ~ In conjunction ~Ith the appropriate forestry aqency. : Thl~ program ~hould give con~ideratlon to the a~aa ~'. ~. ~ ' uled a5 d~elllng Iltel and their prlmary building zone~. 8.h,2. Hulti-fam11y and Commercial: (to Include tracts A, B, and C) These areas arq subject to existing county tree and land- scape ordlnancos and shall remain in an unaltered condition until such tlme as Indivldual slte development plans are approved. Hcnvever, limited clearing may take place as these sites relate to adjacent use areas for purposes of drainage. utilities, etc. that are · part of the overall plan. He. ever, disturbed areas shall be revegetated with durable grasses to control erosion. Streets and Rl~ht~-nf-~ayt. A. Function: Enchancement o'f the quality of the environment through use of trees and vegetation. Species selection should require a mlnimum amount of maintenance. Treatment: Street trees will be planted on basis of one tree per 60 lineal Feet of roadway per side. Trees may be planted as Individuals or es cjusters. Cjuster planting will be located on a maximum interval of 180 lineal feet. Any existing trees within the right-of-way may be counted as a part of the street tree planting. Unpaved portions of right-of-way will be revegetated with durable grasses to control erosion. ~ak-palm Hammock: A. Function: Preservation of an invaluable natural resource community. Provide an opportunity For study and enjoyment of the community. B. Treatment: Total protection of flora and Fauna. Prohibit vehicles and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. 8,11.5.' Out-Lot "An - Native Vegetative Buffer: A. Function: Provide visual and noise buffer between building sltes~ roadways and adjoining properties. B. Treatment: Vegetation to remain in an unaltered condition. All vehicles and construction equipment to be prohibited from this area during and foIlo~ing construction ~Ith the exception of maintenance equipment. This shall not preclude the planting of additional materials as may be deemed deslrable to Improve the buffer. 8.11.6. Florlda Power & Light Rl~ht-of-[lay: 8.11.7. Thle area has been totally cleared and has been stabilized wlth Bahia grass. This area may be used in part as golf Fair.ay and shall be vegetated with appropriate grasses. Lake: A. Function: Provide water retentlon~ recreation~ and visual quality for the community. B.' Treatment: On cempletlon of constructlon~ lake banks will be revegetated wlth durable grasses to control erosion. EGOK 8.JI.8. Tract F as Natural Open,,~pace Tract F shall remain'In an unaltered condition until such time as permitted development plans ere approved. However~ c ~w~limlted clearing may take place es these plans relate to ~ ~ROE.,J.'ladJacent use areas For purposes of drainage, utilities0 etc. :~ :': .... that are a part of the overall plan. However, disturbed 'areas shall be revegetatad wlth durable grasses to control ~rn~lnn. ...... .............. ; ,~i',;I 8.~.9, Tract r as CAlf Course ~' A, Golf Course: The golf course Area shell be selectively i~ cleared as determined by the golf course Architect. Final ~,' plans for the golf course shall glve attention to maximizing ,~.' the use of existing vegetation In a natural unaltered ~' condition. Cleared Areas shell be revegatated with Appro- :~ prlete grasses for golf play and Introduced landscape  ' maCe~lals as may be required. ~ B. Club Ho,,~ ~tte: This area I= =ubjoct to ex;s[;ng county · ;.' tree ordinance and landscape ordinances afFec[lng off- · ' street vehicluar use Areas. 3114.16 ........ GAC ~XOPZR?IE~, l~C. Ni~t, Florida th.~ ~rgi~ de~ for I~ate bad ~L~c o~ VaF, bain& i[~ce and lytel La S~c/~ ~0 T~ahtp d9 S~ch, ~an~e 26[ bee, Cattier C~, Florida, eoflsiiCifl~ of A'FT~ST, ..................................... STAId: M Florida DEVELOPMENT YEAR EXHIBIT "G" BR IAR~./OOB ANTICIPATED DEVELOPS'lENT SCHEDULE DUELLING UNITS DUELLING UNITS I 3 4 5 6 7 '8 IO II 12 13 16 SF 15 2~ 25 25 25 2~ 25 25 25 25 25 25 25 25 IO I NCREASE/YEAR 15 50 50 50 50 50 25 :'5 25 25 25 25 CUMULATIVE 165 265 315 365 415 450 475 500 525 550 575 600 . BCOK 0 EV ELOPt~EHT YEAR EXHIBIT BRIAR~O00 ANTICIPATED DEVELOPMENT SCHEDULE DUELLING UNITS INCREASEO/YEAR CUMULATIVE POPULATION (Base~ on 3 peo~ple/unlt) INCREASE/YEAR CUMULATIVE 1 2 3 7 8 9 IO II 12 13 15 50 65 150 50 115 150 5O 165 150 50 215 150 50 265 150 795 50 315 150 ~5 50 365 150 Io~5 50 615 15o 12~5 35 ~5o IO$ 1350, 25 a75 75 .Iq25 25 $oo 75 I5OO 25 525 75 1575 25 550 75 1650 25 575 75 1725 25 6O0 75 1800 ~GC}K b EXI'II BIT "G' DEVELOP/4ENT YEAR BRIARWOOD ANTICIPATED DEVELOPMENT SCHEDULE POPULATION (Based on 3 people/unit) POTABLE VATER (Based on 150 gal~person/day) INCREASE/YEAR CU~IULATIVE INCREASE/YEAR CURULATIVE I a5 ~5 6750 6750 2 15o 195 22500 2~250 3 150 3q5 22500 51750 ~ 150 ~95 22500 7~25o 5 150 6~5 22500 967~0 6 15o 795 22500 119250 7 15o 9~5 22500 14175o 8 150 1095 22500 165250 ~ 150 12q5 22500 . 186750 10 105 1350 15750 202500 l) 75 Iq25 11250 213750 12 75' 1500 11250 225000 13 75 1575 11250 236250 I~ 7~ 165o 11250 247500 15 75 1725 11250 258750 16 75 18oo 11250 270000 COH~ERCIAL 83500 353500 GOLF CLUB tlOUSE 5000 358500 DEVELOPHENT YEAR I 2 5 7 8 10 11 12 13 15 COHH.ERC IAL GOLF CLUB HOUSE Iff .c 651 ,, El,i85 EXHIBIT **G** BR I ARC,ODD ANTICIPATED DEVELOPMENT SCHEDULE POPULATIOH (Based'~'n 3 'Pe°~Je/unlt) INCREASE/YEAR ~UNULATIVE 15o 195 150 345 150 150 795 150 150 1095 150 1245 105 1350 75 1425 75 15o0 75 1575 75 1650 75 1725 75 1800 SEVAGE (Based ~ gal~person/day) INCREASE/YEAR CUHULATI¥£ ~50o 4500 15000 19500 15000 34500 15000 49500 15000 6&500 15000 79500 15000 9~5o0 15000 109500 15000 124500 10500 135000 7500 142500 7500 150000 7500 157500 750O 165000 7500 172500 7500 180000 75150 255150 3750 , 258900 -21- . ..'...%'.,:,',,*"I" _ 651 EXHIBIT DEVELOPt4ENT YEAR ! 2 5 7 8 9 IO II 12 13 11! BRIARVOOD ANTICIPATED DEVELOPHENT SCHEDULE POPULATION (Based on 3 peop-J'e/unit) SOLIO WASTE (Based on 9 lbS/person/day) INCREASE/YEAR CUHULATIVE INCREASE/YEAR CUHULATIVE q5 45 405 405 150 195 1350 1755 150 3q5 1350 3105 150 495 1350 4~55 15o 6q5 1350 5805 150 7~5 1350 7155 150 9~5 1350 8505 150 10~5 1350 S855 150 12~5 1350 11205 105 1350 945 12150 75 1425 675 12825 75 15oo 675 13500 75 1575 675 1~175 75 165o 675 14850 75 1725 675 15525 75 1800 675 16200 -22- EXHIBIT "Gtt BR I ARNOOD DEVELOPHENT YEAR ANTICIPATEO DEVELOPMENT SCHEDULE D~ELLING U~ITS SCHOOL POPULATION CBased ~nn 0.8~ pb~il/dwelling/untt) INCREASE/YEAR CUMULATIVE INCREASE/YEAR CUMULATIV£ I 3 5 7 8 9 1o II 12 13 15 16 15 15 13.35 50 65 6/1.5o 50 115 4/1.$o 50 165 /1~.5o 50 215 /1/1.50 50 265 /1/1.$o 50 315 4~.5o 50 365 /1/1.50 35 qSo 31.15 25 a75 22.25 25 500 22.25 25 525 22.25 25 550 22.25 25 575 22.25 25 6oo 22.25 -23- 13.35 57.85 102.35 1q6.85 I~1.35 235.85 280.35 32/1.85 369.35 /1oo. SO /122.75 /167.25 ~89.50 511.75 $3~.OO EXHIBIT BRIARWOOD ANTICIPATED DEVELOPHENT $CHEDUL£ DEVELOPHENT YEAR DVELLING UNITS TRAFFIC (Basedon'~'n"-~T'~.Otrlps/day for (7.3 tr~ps/day for (and ~7.5 trips/lDO0 GFA For INCREASE/YEAR CUHULATIVE INCREASE/YEAR CUHULATIVE SF HF SF I 15 15 IlO 3 25 + 25 115 183 4 25 + 25 165 183 $ 25 + 25 215" ~03 6 25 + 25 265 183 7 25 + 25 315 183 8 25 + 25 365 183 9 25 + 25 415 183 10 25 + I0 450 183 11 25 475 183 12 25 500 '183 13 25 525 I83 14 25 550 183 15 25 575 183. 16 25 600 183 ~F COHH. 225 + 475 225 + 225 + 475 225 + 475 225 + 475 225 + 475 225 + 475 90 + 475 + 475 Iio 187& 2759 5~o8 6291 717~ 7~ 8580 ' 87&3 ~129 9495 ,-":. This ordinance shall become effective upon rocelp~ of not£ce from the ",' Socretary Of Stato. Date: May, 18, 1976 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER~NT¥, FLOR/DA A~O~ an~ legality: : . -~O~-ald{~A. Pickworth~ county A~torney