ZON G. change the zoning classification of the herein described rea. hereby amended THE COLLIER COUNTY LAND

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1 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NUMBER THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORiDA BY AMENDING THE OFFICIAL ZOG ATLAS MAPS NUMBERED 8525S 8525N 85S 8527N 8534S 8534N 8535S 8535N 8536S 853 N 8631S AND 8631N BY CHANGING THE ZON G CLASSIFICATION OF THE HEREIN DESCRIBED RL PROPERTY FROM PUD TO PUD PLANNED DEVELOPMENT KNOWN AS PELICAN DRI PUD FOR PROPERTY LOCATED NORTH VANDERBILT BEACH ROADCR 901 AND EAST LIVINGSTON ROAD CR 881 IN SECTIONS AND 36 TOWNSHIP 48 SOUTH RANGE 25 EAST AND SECTION 31 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA CONSISTING OF 2214 ACRES PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER THE FORMER PELICAN MARSH PUD AND BY PROVIDING AN EFFECTIVE DATE WHEREAS Robert J Mulhere of RWA Inc representing JED of Southwest Florida Inc and Colony Corporate Centre Inc with permission ofwci Communities Inc petitioned th Board of County Commissioners to change the zoning classification of the herein described rea property NOW THEREFORE BE IT ORDAINED BY the Board of County Commissioners o Collier County Florida that SECTION ONE The Zoning Classification of the herein described real property located in Sections and 36 Township 48 South Range 25 East and Section 31 Township 48 South Range 2 East Collier County Florida is changed from PUD to PUD Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit A which is incorporated herein and by reference made a part hereof The Official Zoning Atlas Maps numbered 8525S 8525N 8527S 8527N 8534S 8534N 8535S 8535N 8536S 8536N 8631S and 8631N as described in Ordinance Number the Collier County Land Development Code are hereby amended accordingly SECTION TWO Ordinance Number known as the Pelican Marsh PUD adopted on December by the Board of County Commissioners of Collier County is hereby repealed in its entirety

2 This Ordinance shall become effective upon filing with the Department of State SECTION THREE PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli County Florida this 17t hday of December 2002 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA COLETFA CHAIRMAN Marjori MStudent Assistant County Attorney This ordinance filed with the Secretary of State s Office the 2t day of ond acknowledgement of that fi inxg rec eived this day

3 EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT Acres Located in Sections Township 48 South Range 25 East and Section 31 Township 48 South Range 26 East Collier County Florida PREPARED FOR JEDOF SOUTHWEST FLORIDA INC and COLONY CORPORATE CENTER INC 9150 Galleria Court Suite 100 Naples FL With permission from WCI COMMUNITIES INC Walden Center Drive Bonita Springs Florida PREPARED BY RWA Consultants Inc 3050 North Horseshoe Drive Suite 270 Naples FL PUD 931 ORDINANCE ORIGINAL PUD 949 ORDINANCE 954 AMENDMENT ORDINANCE AMENDMENT ORDINANCE AMENDMENT ORDINANCE AMENDMENT ORDINANCE AMENDMENT ORDINANCE AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER

4 TABLE OF CONTENTS PAGE LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE AND SHORT TITLE 111 SECTION I LEGAL DESCRIPTION PROPERTY OWNERSHIP GENERAL DESCRIPTION 1 SECTION II PROJECT DEVELOPMENT 21 SECTION III RESIDENTIAL DISTRICT 31 SECTION IV GOLF COURSE RECREATION DISTRICT OPEN SPACE 41 SECTION V RESERVE DISTRICT 51 SECTION VI CULTURAL CENTER DISTRICT 61 SECTION VII ACTIVITY CENTER DISTRICT 71 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 81 LIST OF EXHIBITS Exhibit A Map H3 Revised Map H Master Plan Johnson Engineering Inc FileNo Exhibit B Conceptual Site Plan for Plaza at Galleria SDP ii

5 o o STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of WCI Communities Inc hereinafter referred to as WCI or the Developer to create a Planned Unit Development PUD on acres of land located in Sections and 36 Township 48 South Range 25 East and Section 31 Township 48 South Range 26 East Collier County Florida The name of this Planned Unit Development shall be the Pelican Marsh Community The development of the Pelican Marsh Community will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan The development will be consistent with the growth and land policies development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons The subject property is within the Urban Mixed Use District Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1 of the Future Land Use Element FLUE The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated The proposed density of the Pelican Marsh Community is216 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 51 The entire subject property qualifies for a base density of four4 units per acre Certain pans of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus roadway access density bonus and long range traffic congestion area and interconnection density reduction which when taken collectively and applied to the property yield an allowable density greater than three 3 units per acre The Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 54 ofthe Future Land Use Element Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element The development ofthe Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies31H and L of the Future Land Use Element The Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 15 ofthe DrainageSub Element ofthe Public Facilities Element The Pelican Marsh Community is a large scale functionally interrelated community and is planned to encourage ingenuity innovation and imagination as set forth in the Collier County Land Development Code Planned Unit Development District Section The Pelican Marsh Community represents a large scale infill community within the Urban District thereby discouraging urban sprawl as required by Policy 53 ofthe Future Land Use Element iii

6 SHORT TITLE This ordinance shall be known and cited as the PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE iv

7 SECTION I LEGAL DESCRIPTION PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1 PURPOSE The purpose ofthis Section is to set forth the legal description and ownership of the Pelican Marsh Community and to describe the existing condition of the property proposed developed to be 12 LEGAL DESCRIPTION PELICAN MARSH being approximately 2214 acres more or less is legally described as follows BEGINNING at the southwest comer of Section 27 Township 48 South Range 25 East Collier County Florida thence along the west line of said Section 27 and the easterly right of way line ofus 41 North West feet to the west la comer ofsaid Section 27 thence continue along the west line of said Section 27 and said right of way North West feet thence leaving said line North East feet to the westerlyright of way line of proposed Goodlette Frank Road as recorded in Plat Book 13 page 58 Public Records of Collier County Florida thence along said westerlyright of way line in the following four 4 described courses 1 South East feet to the south line of said Section 27 2 South East feet 3 southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears South West feet 4 South West feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10 page 86 of the Public Records of Collier County Florida thence along the boundary of said Pine Ridge Second Extension in the following eight 8 described courses South West feet North West feet North West feet South West feet South East feet South West feet northwesterly feet along the arc of a non tangential circular curve concave southwesterly having a radius of feet through a central angle and being subtended by a chord which bears North West feet North West feet of

8 thence leaving said plat boundary North West feet thence South East feet thence North East feet thence northerly feet along the arcof a circular curve concave easterly having aradius of feet through a central angle of and being subtended by a chord which bears North East feet thence North East feet thence northwesterly feet along the arc of a circular curve concave southwesterly having aradius of395 00feet through a central angle of and being subtended by a chord which bears North West feet thence North West feet thence northwesterly feet along the arc of a circular curve concave northeasterly having a radius of800 00feet through acentral angle of and being subtended by a chord which bears North West feet thence North West feet thence westerly feet along the arc of a circular curve concave southerly having a radius of feet through a central angle of and being subtended by a chord which bears North West feet thence South West feet to the west line of said Section 34 and the east right of way line ofus 41 thence along said line North West feet to the POINT OF BEGINNING LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22 pages 88 through 89 Public Records of Collier County Florida being more particularly described as follows BEGINNING at the northwesterly comer ofsaid Pelican Marsh Unit Five thence along the boundary of said Pelican Marsh Unit Five South East feet to a point on the west line oftract WF 1 Drainage Easement according to the Plat ofgrand Isle at Pelican Marsh Plat Book 24 pages 67 through 70 Public Records of Collier County Florida thence along said line South 0000East feet to a point on the north line of Tract B Vanderbilt Beach Road according to the Plat of Pelican Marsh Unit Five Plat Book 22 pages 88 through 89 Public Records of Collier County Florida thence southwesterly feet along the arc of a non tangential circular curve concave to the southeast having a radius of through a central angle of and being subtended by a chord which bears South West feet to a point on the boundary of said Pelican Marsh Unit Five thence along said line North West feet to the POINT OF BEGINNING of the parcel herein described Containing 340 acres more or less Subject to easements and restrictions ofrecord Bearings are based on the north line of said Pelican Marsh Unit Five being South East Containing acres more or less Subject to easements and restrictions ofrecord 12

9 TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL All that part of Section 27 Township 48 South Range 25 East Collier County Florida being more particularly described as follows Commencing at the westi4 of said Section 27 thence along said west line North West feet thence leaving said line North East 577 parcel herein described thence North Eagt feet thence North East feet thence North West feet thence North East feet thence South East feet thence South East feet thence North East feet thence South East feet 78 feet to the Point of Beginning of the thence South West feet to the Point of Beginning of the parcel herein described Subject to easements and restrictions ofrecord Containing 95 acres more or less Bearings are based on the west line of said Section 27 as being North West AND LESS THE FOLLOWING THREE 3 DESCRIBED PARCELS All that part of Section 27 Township 48 South Range 25 East Collier County Florida being more particularly described as follows Commencing at the west comer Section 27 Township 48 South Range 25 East thence along the west line of said Section 27 North West feet thence leaving said Section line north East 55 00feet to the Point of Beginning of the area thereon described thence North East feet thence South East feet thence southeasterly feet along the arc of a non tangential circular curve concave southwesterly having a radius of70 00 feet through a central angle of and being subtended by a chord which bears South East feet to a point of compound curvature thence southerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet to a point ofreverse thence curvature southerly feet along the arc of a circular curve concave easterly having a radius of feet through a central angle of and being subtended by a chord which bears South East feet to a point ofreverse curvature thence southerly feet along the arc of a circular curve concave westerly having a radius of70 00 feet through a central angle of and being subtended by a chord which bears South West feet thence south West feet 13

10 thence southerly feet along the arcof a circular curve concave easterly having a radius of30 00 feet through a central angle 56 feet 79 feet bears South West 43 thence South East 34 of and being subtended by a chord which thence southerly 19 94feet along the arcof acircular curve concave westerly having a radius of80 00 feet through a central angle of and being subtended by a chord which bears South East feet thence along a non tangential line South East feet thence South East feet thence South East feet thence South 0000East feet thence North 90 00West feet thence North 00 00East feet thence North West feet thence South West feet thence South West feet thence North West feet thence North West feet thence North West feet thence North East feet thence North West feet thence North East feet thence North West feet thence South West feet thence South West feet thence North West feet thence North West 303 described 49 feet to the Point of Beginning of the area herein Containing 78 acres more or less Subject to easements and restrictions ofrecord Bearings are based on the west line of Section 27 Township 48 South Range 25 East Collier County Flor da being North West AND All that part of Section 27 Township 48 South Range 25 East Collier County Florida being more particularly described as follows Commencing at the west V4 comerof said Section 27 thence along said west line North West feet thence leaving said line North East feet to the Point of Beginning ofthe parcel herein described thence continue North East feet thence South West feet thence South West feet thence South West feet thence westerly feet along the arc of a tangential circular curve concave to the north having aradius of66 00 feet through a central angle of and being subtended by a chord which bears North West44 61 feet to a point ofreverse curvature 14

11 thence northwesterly feet along the arc of a tangential circular curve concave to the south a having radius of feet through a central angle of and being subtended by achord which bears North West feet thence North West feet thence westerly feet along the arc of a tangential curve concave to the south having a radius of80 00 feet through a central angle of and being subtended by a chord which bears South West feet to a point of reverse curvature thence westerly feet along the arc of a tangential curve concave to the north having a radius of60 00 feet through a central angle of and being subtended by a chord which bears South West feet to a point of reverse curvature thence westerly feet along the arc of a tangential curve concave to the south having a radius of feet through a central angle of and being subtended by a chord which bears North West feet thence South West feet thence South West feet thence North West feet thence South West feet thence South West feet thence South West feet thence South West feet thence South West feet thence South West feet thence South West feet thence North East feet to the Point of Beginning of the parcel herein described Subject to Easements and restrictions ofrecord Containing 048 acres more or less Bearings are based on the west line of said Section 27 as being North West AND All that part of Section 27 Township 48 South Range 25 East Collier County Florida being more particularly described as follows Commencing at the west I4 comer ofsaid Section 27 thence along said west line North West feet thence leaving said line North East 3401 parcel herein described thence continue North East feet thence South East feet thence South West feet thence North West feet 12feet to the Point of Beginning of the thence northerly feet along the arc of a tangential circular curve concave to the east having a radius of80 00 feet through a central angle chord which bears North West feet thence North 05 01West feet thence North West feet of and being subtended by a 15

12 thence North West feet thence North West feet thence North West feet thence North West feet thence North West feet thence North West feet to the Point of Beginning of the parcel herein described Subject to easements and restrictions ofrecord Containing 038 acres more or less Bearings are based on the west line ofsaid Section 27 as being North West AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northwest comer of said Section 35 thence along the north line of said Section 35 North East feet to the west tight of way line of Airport Pulling Road CR31 thence along said westerly right of way line South East feet to the south line ofsaid Section 35 thence along said south line South West feet to the south t4 comer of said Section 35 thence continue along said south line South West feet to the southwest comer of said Section 35 thence along the south line of said Section 34 South West feet to the 121 of the Public Records of boundary line of a parcel described in OR Book 524 page Collier County Florida thence along the boundary ofsaid parcel North West 295 feet thence continue along the boundary of said parcel South West feet to the easterly tight of way line of proposed Goodlette Frank Road as recorded in Plat Book 13 page 58 ofthe Public Records ofcollier County Florida thence along said easterlyright of way line North East feet thence continue along said easterlyright of way line northerly feet along the arc of a circular curve concave westerly having a radius of feet through a central angle of and being subtended by a chord which bears North East feet thence continue along said right of way line North West feet to a on point the north line of said Section 34 thence leaving said right of way line and along the north line of said Section 34 South 8931East feet to the Point of Beginning Containing acres more or less Subject to easements and restrictions ofrecord AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36 thence along the east line of said Section South East feet to the east comer ofsaid Section 36 thence continue along the east line of said Section 36 South East feet to a point on the northerlyright of way line ofvanderbilt Beach Road 16

13 thence along said northerlyright of way thence continue along said line North 8943 right of way line of Airport Pulling RoadCR31 thence along said easterly right of way line North 8939West feet 59West feet to a point on the easterly line North West feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north feet ofsaid Section 36 thence along the south line ofsaid land North East feet thence along the east line ofsaid land North West feet thence along the north line of said land South West 15 way line of Airport Road CR 31 thence along said right of Section feet to the east right of way North West feet to the north line of said thence along said north line North East feet to the southwest comer ofthe east ofthe east ofsaid Section 25 thence along the west line of the east of the east of said Section 25 North West feet thence continue along the west line of the east of the east of said Section 25 North West 2567 RoadCR 846 thence along said right of way Section 25 thence along comer ofsection 25 thence continue along 06 feet to a point on the southerly fight of way line of Immokalee North East feet to the east line of said said east line of Section 25 South East feet to the east Point of Beginning Containing acres more or less Subject said east line of Section 25 South East feet to the to easements and restrictions ofrecord Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment line ofsection 35 being North East the north AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31 TOWNSHIP 48 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA Parcel I N Vz of the SE of the SW of Section 31 Township 48 South Range 26 East Collier County Florida Parcel II S of the NE of the SW of Section 31 Township 48 South Range 26 East Collier County Florida Parcel III N of the SW of the NW of Section 31 Township 48 South Range 26 East COllier County Florida 17

14 Parcel IV S of the SW of the NW of Section 31 Township 48 South Range 26 East Collier County Florida Parcel VI N of the SW of the SW of Section 31 Township 48 South Range 26 East Collier County Florida Parcel VII NW of the SW of Section 31 Township 48 South Range 26 East Collier County Florida Parcels I II III IV VI and VII contain atotal of acres more or less Total parcel contains 2214 acres more or less 13 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities Inc whose address is Walden Center Drive Bonita Springs Florida GENERAL DESCRIPTION OF PROPERTY mo The project site is located in Sections and 36 Township 48 South Range 25 East and Section 31 Township 48 South Range 26 East and is generally bordered on the west by Tamiami Trail North US41 on the north by undeveloped land Victoria Park Subdivision Crescent Lake Estates Four Seasons and Immokalee RoadCR 846 on the east by the future Livingston Road and the Wilshire Lakes Subdivision and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road Monterey PUD Emerald Lakes PUD and Vineyards PUD The location ofthe site is shown on Map H3 of the Pelican Marsh Community Notice of Proposed Change NOPC Application The zoning classification ofthe subject property as of this submittal is PUD Planned Unit Development Co Elevations within the site range from 6 feet to 14 feet above mean sea level with an average of approximately 110 feet Per FEMA Firm Map Panels Nos D 0195D 0381D and 0385D dated June the Pelican Marsh property is located within both zones AE andx Topographic mapping is shown on Map C ofthe Pelican Marsh Community Application for Development Approval Do The soil types on the site generally include Immokalee fine sand Myakka fine sand Hallandale fine sand Pineda fine sand limestone substratum Basinger fine sand Fort Drum and Malabar high fine sands Boca fine sand Chobee Winder and Gator depressional Holopaw and Okeelanta soils depressional Boca Riviera limestone substratum Copeland fine sand Holopaw fine sand Urban Land Urban Land 18

15 Eo Fo Holopaw Basinger complex Urban Land Immokalee Oldsmar Limestone Substratum complex Satellite fine sand and Urban Land Satellite Complex Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval and Map E ofthe NOPC Prior to development vegetation on site primarily consisted of agricultural fields active and abandoned including agricultural facilities pine flatwoods Brazilian Pepper and Melaleuca dominated areas Cypress and mixed pine and Cypress disturbed areas and Saw Palmetto prairies Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval and Map Fof the NOPC The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas 1993 The general surface drainage pattern of the site west of Airport road runs in a south to north direction into the Pine Ridge Canal The drainage pattern ofthe site east of Airport road runs in an east to west direction into the Airport Road Canal Both canals eventually discharge into the Cocohatchee River The Stormwater Management Master Plan is shown on Map I of the Pelican Marsh Community Application for Development Approval and Map I ofthe NOPC 15 DEVELOPMENT OF REGIONAL IMPACT Due to its scope the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section Florida Statutes as a Development of Regional Impact DRI The Developer has also received approval from the Florida Department of Community Affairs DCA for an application for a Preliminary Development Agreement PDA encompassing acres of the Pelican Marsh Community This approval provided the State s authorization for the commencement and development ofthe first phase ofthe Community which is below80 of any applicable DRI threshold 16 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800 The gross project density therefore will be a maximum of216 units per acre At all times all property included within the pelican marsh community shall be included in determining project density including property reserved or dedicated for public uses such as but not limited to public roadways 19

16 SECTION II PROJECT DEVELOPMENT 21 PURPOSE The purpose of this Section is to generally describe the plan of development for the Pelican Marsh Community and to identify relationships to applicable County ordinances policies and procedures 2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Pelican Marsh Community a private community will include a broad range of single family and multi family housing 72 holes of golf with clubhouses and other associated facilities a master planned activity center including a resort hotel and cultural facilities stormwater management lakesi open spaces and reserve areas The Master Plan is illustrated graphically on Johnson Engineering Inc File No Map H3 attached hereto as Exhibit A A Land Use Summary indicating approximate land use acreages is shown on the Plan The location size and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval in accordance with Article 3 Division32 Section 327 ofthe Collier County Land Development Code 23 GENERAL COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Pelican Marsh Community shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code to the extent they are not inconsistent with this PUD Ordinance which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements such as but not limited to Final Subdivision Plat Final Site Development Plan Excavation Permit and Preliminary Work Authorization Preliminary Work Authorization was approved by the Board of County Commissioners on May and amended on April Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply Bo Unless otherwise defined herein or as necessarily implied by context the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3 Division315 ofthe Collier County Land Development Code 21

17 Do Unless modified waived or excepted by this PUD or by subsequent request the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD Eo Fo Go All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed The Subdivisions Division of the Collier County Land Development Code Article 3 Division 32 shall apply to the Pelican Marsh Community except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section324 The Site Development Plans Division of the Collier County Land Development Code Article 3 Division 3 shall apply to Pelican Marsh Community except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District PMCDD to design construct manage and maintain infrastructure and community facilities needed to serve the Project The PMCDD constitutes a timely efficient effective responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development Such infrastructure as may be constructed managed and financed by the PMCDD shall be subject to and shall not be inconsistent with the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting ofthe Pelican Marsh Community The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section through Florida Statutes Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval 25 ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions unless otherwise modified waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3 Division32 Section3272 of the Collier County Land Development Code The Developer also reserves the right to establish gates guardhouses and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways 2

18 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3 Division35 Section3571 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee PMDRC All lakes greater than two 2 acres may be excavated to the maximum commercial excavation depths set forth in Section35731however removal of fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent lake per to a maximum of cubic yards of the total volume excavated unless a commercial excavation permit is received 27 USE OFRIGHTS WAY landscaping decorative Utilization of lands within all project rights of way for entranceways and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations 28 MODEL HOMES SALES CENTERS Model homes sales centers and other uses and structures related to the promotion and sales of real estate such as but not limited to pavilions viewing platforms gazebos parking areas tents and signs shall be permitted principal uses throughout the Pelican Marsh Community subject to the requirements of Article 2 Division 26 Section and Article 3 Division 32 Section of the Collier County Land Development Code 29 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2 Division 27 Section2735 ofthe Collier County Land Development Code Minor changes and refinements as described in Section 83 of this PUD Document may be made in connection with any type of development or permit application required by the Collier County Land Development Code 210 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the PMCDD The PMCDD is a legitimate alternative for the timely and sustained provision of a quality common area infrastructure and maintenance under the terms and conditions of a County development approval For those areas not maintained by the PMCDD the Developer has created a property owners association or associations whose functions shall include provision for the perpetual maintenance of common facilities and open spaces The PMCDD or the property owners association as applicable shall be responsible for the operation maintenance and management of the surface water and stormwater management systems and reserves serving the Pelican Marsh Community in accordance with the provisions of Collier County Ordinance and Resolution or successor ordinance together with any applicable permits from the Florida Department of Environmental Protection US Army Corps of Engineers and South Florida Water Management District 23

19 211 LANDSCAPE BUFFERS BERMS FENCES AND WALLS Landscape buffers berms fences and walls are generally permitted as uses principal throughout the Pelican Marsh Community The following standards shall apply Landscape berms shall have the following maximum side slopes 1 Grassed berms 31 2 Ground covered berms 21 3 Rip Rap berms 1 4 Structural walled berms vertical Fence or wall maximum height six feet 6 as measured from the finished grade of the ground at the base ofthe fence or wall For the purpose ofthis provision finished grade shall be considered to be no greater than eighteen inches 18 above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm In these cases the wall shall not exceed six feet6 in height from the top of the berm elevation for berm elevations with an average side slope of4lor less and shall not exceed four feet4 in height from the top of the berm elevation for berms with average side slopes of greater than 41ie 31 Co Do Landscape buffers berms fences and walls may be constructed along the perimeter of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat and site development plan submittal All such areas must be included in a landscape easement on final plats or in a separate recorded instrument Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section211 B of this document and shall be governed by the height limitations for principal structures of the district in which they are located In the case of access control structures withinright of ways adjoining two or more different districts the more restrictive height standard shall apply Eo Pedestrian sidewalks and or bike paths water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC 212 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Pelican Marsh Community Fill material generated from properties owned or leased by the Developer be may transported and stockpiled within areas that have been disturbed farmed Prior to stockpiling in these locations a Letter ofnotification along with plans showing the locations and cross sections shall be submitted to Collier County Engineering Review Services for review and approval The following standards shall apply A Stockpile maximum side slope 31 24

20 Bo Stockpile maximum heightthirty five feet 35 Fill storage areas shall be screened with a security fence at least six feet 6 in height above ground level The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage Fill storage in excess of five feet5 in height shall be located no closer than three hundred feet 300 from any developed residential properties Soil erosion control shall be provided in accordance with Collier County Land Development Code Division 37 Fill storage shall not be permitted in areas occupied by threatened or species endangered unless an approved management plan permits such use 213 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity innovation and imagination in the planning design and development or redevelopment of relatively large tracts of land under unified ownership or control as set forth in the Collier County Land Development Code Article 2 Division2 Section 201 The Pelican Marsh Community is planned as a private large scale functionally interrelated community under unified control to be developed over an extended time period Developer has established community wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities which include features and facilities such as landscaping hardscape waterscapes signage lighting pedestrian systems bicycle paths pavement treatments roadway medians fences walls buffers berms and other similar facilities Upon approval of specific guidelines and standards by Collier County and the Developer those guidelines shall be considered as requirements ofthis Planned Unit Development Ordinance supplemental standards or The Developer will also establish supplemental design guidelines and standards by means of recorded covenants conditions and restrictions the existence ofwhich shall be noted on the Final Subdivision Plat or Final Site Development Plan Said covenants conditions and restrictions shall provide the prior to submittal of an application for Preliminary Subdivision Plat Final Subdivision Plat or Site Development Plan Application to Collier County an applicant must first submit the application to the PMRDC for review and approval Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating the Developer s review and approval 214 REQUIRED ENVIRONMENTAL PERMITS Where the development ofland within this Planned Unit Development requires a permit from a local state or Federal Agency with jurisdiction over the property regulating agency proposed for development then the Developer shall obtain such permits as may be required 25

21 o prior to the commencement of construction or alteration of the land specifically requiring such permit Where such regulating agency issues a permit Collier County shall not impose conditions exactions or modifications that are in conflict with or exceed the requirements of the issued permit provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County sregulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies In such a case Collier County s environmental permitting guidelines and requirements shall control relative to the specific County permit only Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit provided that such environmental permits have been applied for and are being processed by the appropriate agencies and subject to the understanding that it is the Developer s sole risk if such permits are not finally issued to allow completion of the proposed use 215 preliminary SUBDIVISION PLAT PHASING Due to the size and anticipated build out period of the Pelican Marsh Community submission review and approval of Preliminary Subdivision Plats for the project may accomplished in be phases to correspond with the planned development ofthe property 216 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in the Reserve District General permitted uses are those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part ofthe common infrastructure or are considered community facilities mo General Permitted Uses 1 Essential services as set forth under Collier County Land Development Code Section 2691 Water management facilities and related structures Temporary sewage treatment facilities Lakes including lakes with bulkheads or other architectural or structural bank treatments Guardhouses gatehouses and access control structures Community and neighborhood parks recreational facilities community centers Temporary construction sales and administrative offices for the Developer and the Developer s authorized contractors and consultants including necessary access ways parking areas and related uses Landscape features including but not limited to landscape buffers berms fences and walls subject to the standards set forth in Section211 ofthis PUD 26

22 9 Fill storage subject to the standards set forth in Section212ofthis PUD 10 Any other use which is comparable in nature with the foregoing which the Development Services Director determines to be compatible uses and Development Standards Unless otherwise set forth in this Document the following development standards shall apply to structures 1 Setback from back ofcurb or edge of pavement of any road fifteen feet 15 except for guard houses gatehouses and access control structures which have no required setback Setback from property lines one half 12 the height of the structure Minimum distance between structures which are part of an architecturally unified grouping five feet 5 Minimum distance between unrelated structures ten feet Maximum height of structures twenty Minimum floor area None required five feet 25 7 Minimum lot or parcel area None required 8 Sidewalks bikepaths and cart paths may occur within County required buffers however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk bikepath or cartpath Standards for parking landscaping signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval 217 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327 acres included in the Golf Course Recreation and Open Space District Reserve District lake and miscellaneous open space buffer designations These areas in conjunction with open space areas included within the Residential District fully satisfy the open space requirements ofarticle 2 Division 26 Section2627 and Section2632ofthe Collier County Land Development Code 218 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 646ofthe Conservation and Coastal Management Element ofthe Collier County Growth Management Plan 25of the viable natural functioning native vegetation on site shall be retained The total area ofviable natural functioning native vegetation within the PUD boundary is acres therefore acres are required to be retained This requirement is fully satisfied within the Reserve District and no further preservation is required 27

23 219 SIGNAGE A All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this section in which case the PUD Document shall govern B Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries onus 41 Goodlette Frank Road Vanderbilt Beach Road Airport Road future and Livingston Road Vtype boundary marker monuments shall be permitted only intersections at C A maximum often 10 boundary marker monuments shall be permitted D The sign face area ofeach side ofthe boundary marker monument may not exceed 64 square feet The edges of any sign face may not extend above the top or beyond the comer edge of any boundary marker monument on which it is located If the boundary marker monument is two sided each sign face may not exceed 64 square feet of area E Each side of a boundary market monument may contain up to four 4 individual project business or directional identifications message areas as long as the total sign face does not exceed 64 square feet of area The size of the words letters graphics and the typography and color scheme used in each individual project business or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument F Entrance signs may be located at each entrance to the project and may be one three sided Such signs may contain up to four 4 individual project business or directional two or identifications message areas per side as long as the total sign face on each side does not exceed 64 square feet of area Where athree sided sign is utilized the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet The size of the words letters graphics and the typography and color scheme used in each individual project business or directional identifications on an entrance sign shall be similar to and consistent with the other identification placed on the same sign A maximum of two 1sided one2sided or one 3sided entrance signs may be permitted at each entrance with the exception of the entrance on the east side of Airport Road where 31sided entrance signs may be permitted G Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road unless the sign or wall containing the sign is constructed on a perimeter landscape berm in which case the sign shall not exceed a height of 8 feet H Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded 28

24 SECTION III RESIDENTIAL LAND USE DISTRICT 31 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan asr 32 MAX1MUM DWELLING UNITS A maximum number of 4800 residential dwelling units may designated R be constructed on lands 3 GENERAL DESCRIPTION Areas designated as R on the Master Plan are designed to accommodate a full range of residential dwelling types compatible non residential uses a full range of recreational and educational facilities essential services and customary accessory uses The approximate acreage of the R district is indicated on the PUD Master Plan acreage is based on conceptual designs and is approximate Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3 Division 3 and Division 32 respectively of the Collier County Land Development Code Residential tracts are designed to accommodate internal roadways open spaces parks and amenity areas lakes and water management facilities and other similar uses found in residential areas This 34 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land used in whole or part for other than the following Principal Uses Single Family Detached Dwellings Single Family Patio and Zero Lot Line Dwellings Two family and Duplex Dwellings Single Family Attached and Townhouse Dwellings Multi Family Dwellings including Garden Apartments 6 Churches and other places of worship subject to Collier County staff administrative approval during Site Development Plan review to address site location size ingress and egress and buffering requirements and subject to the Multi family Development Standards set forth in Table I 31

25 7 Schools public or private 8 Assisted Living Facilities Group Care Facilities Category I and II Care Units Nursing Homes and Family Care Facilities collectively ALF only east of Airport Road 9 Rental Residential Units Up to 50 residential units which shall not be subject to the definition of dwelling multiple family contained in Division 63 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center These residential units may be rented by the day week month or other rental periods determined by their respective owner manager which shall be either the hotel located within the activity center or the entity owning the golf course use Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed with the residential development standards Document in accordance in Section 35 of this PUD 10 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the R district B Accessory Uses and Structures 1 Accessory uses and structures customarily associated with principal uses permitted in this district 2 Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the RDistrict 35 DEVELOPMENT STANDARDS ho Bo Table I sets forth the development standards for land uses within the R Residential District Site development standards for categories 14 uses apply to individual residential lot boundaries Category 5 standards apply to platted parcel boundaries Standards for parking landscaping signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval Unless otherwise indicated required yards heights and floor area standards apply principal structures to Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3 Division 32

26 3 ofthe Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use Eo In the case of residential structures with a common architectural theme required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2 Division 26 Section262746of the Collier County Land Development Code Common open space requirements are deemed satisfied pursuant to Section 217 of this PUD Residential lands abutting those areas of Victoria Park Subdivision zoned RSF 3 Four Seasons Subdivision zoned RSF 2 and Quail Woods Estates zoned RSF 2shall be limited to single family dwellings multi family dwellings water management facilities and lakes and customary single family accessory uses Residential lands abutting those areas of Victoria Park Subdivision zoned RSF 4or RMF 12and Quail Woods Estates zoned RMF 6 shall be limited to singletwo family and multi family dwellings water management facilities and lakes and customary residential accessory uses Where uses multi family abut off site single family uses there shall be a minimum separation of one hundred feet 100 between the two uses In addition a platted right of way or platted landscaped buffer a minimum width of thirty feet 30 and meeting the opacity requirements of an alternative type C buffer as described in the LDC must be provided within the one hundred feet 100 Go Ho Off street parking required for multi family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve a development exceeding 96 units Acul de sac road within the development may have abutting surface parking where the parking serves 24 units or less A green space area of not less than ten feet 10 in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road with the exception ofcul de sacs serving 24 units or less Single family patio and zero lot lines dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein and which conform to requirements of Collier County Land Development Code Article 2 Division26 Subsection2627 Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that 1 The cabana structure must be connected to other portions ofthe residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence 2 The cabana structures must be accessible only from the enclosed courtyard and must not be directly accessible from the street and 3 The cabana structure may not contain primary cooking facilities 3

27 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR RRESIDENTIAL AREAS PERMITTED USES SINGLE PATIO TWO SINGLE FAMILY MULTI ASSISTED AND STANDARDS FAMILY ZERO LOT FAMILY ATTACHED AND FAMILY LIVING DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category I Minimum Lot Area 7500 SF 5000 SF 3500 SF 3000 SF 4 I AC AC Minimum Lot Width Front Yard Front Yard for Side Entry Garage Side Yard or75 0 or 5 BH 5 BH 20 or 5 BH Rear Yard Principal BH BH Rear Yard Accessory Rear Yard Special l0 5 BH 5 BH Maximum Building Height Distance Between Principal Structures or 15 5 SBH 5 SBH 5 SDH Floor Area Min SF 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF 8 NA 7 BH Building Height SBH Sum of BuildingHeights Combined height of two adjacent buildings for the purpose of determining setback requirements All distances are in feet unless otherwise noted 1 With approval from PMDRC rear yards for principal structures on lots which abut golf course lake open space or reserve areas Setback from lake for all principal and accessory uses may be0 providing architectural bank treatment is incorporated into design and subject to written approval from Planning Services Department With approval from PMDRC front yards shall be measured as follows A B Ifthe parcel is served by a publicright of way setback is measured from the adjacentright of way lines Ifthe parcel is served by a private road setback is measured from the backof curb ifcurbed or edge of pavement if not curbed 2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure 3 Single family dwellings which provide for2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 5 for the garage and 15 feet for the remaining structures 4 Each half of a duplex unit requires a lot area allocation of 3500 SF for a total minimum lot area of 7000 SF 5 Minimum lot width may be reduced by 20 forcul de saclots provided the minimum lot area requirement is still maintained 6 Zero feet 0 or a minimum of five feet 5 on either side except that where the zero foot 0yard option is utilized the opposite side of the structure shall have a 10 foot 10 yard Zero foot 0yards may be used on both sides of a structure provided that the opposite ten foot 10 yard is provided Patios pools and screen enclosures may encroach into the 10 yard and may attach to the adjoining dwelling provided granted from the adjoining dwelling unit owner 7 For density comparison each residential unit shall equal 40ALF units 8 Structures east of Airport Road have a minimum floor area of 750SF an easement is 34

28 SECTION IV GOLF COURSE RECREATION AND OPEN SPACE DISTRICT 41 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as GCO and Miscellaneous Open Space Buffer 42 GENERAL DESCRIPTION Areas designated as GCO and Miscellaneous Open Space Buffer on the Master Plan are designed to accommodate a full range of golf course recreational water management and open space uses as well as to provide lands for community related ancillary uses and essential services 43 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 Golf courses golf clubhouses golf facilities golfteaching facilities including classrooms and temporary golf clubhouses 2 Tennis clubs health spas equestrian clubs 3 Project information and sales centers and other recreational clubs 4 Community and golf course maintenance areas maintenance buildings essential services irrigation water and effluent storage tanks and ponds water and wastewater treatment plants utilities pumping facilities and pump buildings utility and maintenance staff offices 5 Public administration facilities 6 Open space uses and structures such as but not limited to boardwalks nature trails bikeways landscape nurseries gazebos boat and canoe docks fishing piers picnic areas fitness trails and shelters 7 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the GCO and Miscellaneous Open Space Buffer District B Permitted Accessory Uses and Structures 1 Accessory uses and structures customarily associated with the principal uses permitted in this district 2 Pro shops practice areas and ranges golf cart barns rest rooms shelters snack bars golf course maintenance yards 41

29 o o o o Retail establishments accessory to the permitted uses of the District such as but not limited to golf tennis and recreational related sales Restaurants cocktail lounges members and club guests and similar uses intended to serve club Shuffleboard courts tennis courts swimming pools and all other types of accessory facilities intended for outdoor recreation Telecommunications facilities Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the GCO and Miscellaneous OpenSpace Buffer District 4 DEVELOPMENT STANDARDS ho Bo Principal structures shall be Set back a minimum of twenty feet 20 from GCO and Miscellaneous OpenSpace Buffer District boundaries and private roads and fifty feet 50 from all PUD boundaries and residential tracts except where the PUD abuts the Collier County Wastewater Treatment Plant or a publicfight of way in which case the setback shall be one half 12 the height ofthe structure Accessory structures shall set back a minimum of ten feet 10 from GCO and Miscellaneous open Space Buffer District boundaries and private roads and twenty feet 20 from all PUD boundaries and residential tracts except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of case the setback shall be one half12 the height ofthe structure way in which Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct or glare unreasonable interference Do Maximum height ofstructures Fifty feet 50 Minimum distance between principal or accessory structures which are a part architecturally unified grouping Ten feet 10 Minimum distance between all other principal structures Twenty feet 20 of an G Minimum distance between all other accessory structures Ten feet 10 H Minimum floor area None required I J Ko Minimum lot or area parcel None required Parking for the community center clubhouse shall be one space per every two hundred 200 square feet of gross floor area which shall be considered inclusive of required golf course parking Standards for parking landscaping signs and other land uses where such standards are not specified herein or within the adopted Pelican Marsh Community design guidelines and standards are to be in accordance with Collier County Land Development Code in effect at the time of Site Developmeht Plan Approval Unless otherwise indicated required yards heights and floor area standards apply to principal structures 42

30 SECTION V RESERVE DISTRICT 51 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as Reserve 52 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions The primary purpose of the Reserve District is to retain viable naturally functioning wetland and xeric upland systems to allow for restoration and enhancement of impacted or degraded wetland systems and to provide an open space amenity for the enjoyment of the Pelican Marsh Community residents 53 PERMITTED USES ANT 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 Permitted Principal Uses and Structures 1 Passive recreational areas boardwalks including recreational shelters and restrooms 2 Biking hiking nature and equestrian trails excluding asphalt paved wetlands trails in 3 Paved golf cart paths and unpaved pedestrian paths in xeric uplands 4 Water management facilities structures and lakes including lakes with bulkheads or other architectural treatments 5 Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits 6 Roadway crossings and utility crossings at Pelican Marsh Boulevard Vanderbilt Beach Road Goodlette Frank Road and the Cocohatchee Strand Golf Course crossing reconnection area 7 Utility lines in xeric uplands 8 Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines tobe compatible in the Reserve District 51

31 54 DEVELOPMENT STANDARDS All structures shall set back a minimum of five feet 5 from Reserve District boundaries and roads except for pathways boardwalks and water management structures which shall have no required setback Bo Co D E Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference Maximum height of structures Twenty five feet 25 Minimum distance between principal structures Ten feet 10 Minimum distance between accessory structures Five feet 5 F Minimum floor area None required G Minimum lot or parcel area None required H Standards for parking landscaping signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval Unless otherwise indicated required yards heights and floor area standards apply to principal structures 5 RESERVE DISTRICT CONSERVATION EASEMENT A non exclusive conservation easement or tract is required by Collier County Land Development Code Section for preservation lands included in the Reserve District In addition to Collier County a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands In addition to complying with provisions of the Collier County Land Development Code said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies and as set forth in PUD Section813 hereof The Developer its successor or assigns the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April

32 SECTION VI COMMUNITY FACILITY DISTRICT 61 PURPOSE The purpose ofthis Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as CF 62 MAXIMUM SQUAREFOOTAGE A maximum of square feet gross floor area of Community Facility Uses may be constructed on lands designated CF 63 GENERAL DESCRIPTION Areas designated as CF on the Master Plan are designed to accommodate a full range of cultural uses essential services and customary accessory uses The approximate acreage ofthe CF District is indicated on the Master Plan This acreage is based on conceptual designs and is approximate Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3 Division3 and Division 32 respectively of the Collier County Land Development Code Cultural Center tracts are designed to accommodate internal roadways open spaces lakes and water management facilities and other similar uses 64 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land used in whole or part for other than the following mo Principal Uses All uses normally associated with a community facility including but not limited to 1 Churches and places of worship 2 Governmental buildings 3 Child daycare facilities 4 Civic social and fraternal associations 5 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the CF District B Accessory Uses and Structures 1 Accessory uses and structures customarily associated with the principal uses permitted in the district 2 Recreational facilities 61

33 o Classroom facilities Any other accessory uses which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the CF district 65 DEVELOPMENT STANDARDS mo C4 D Eo from CF Principal structures shall be set back a minimum of twenty feet 20 District boundaries and private roads and fifty feet 50 from all PUD boundaries public roads and residential tracts Accessory structures shall be set back a minimum of twenty feet 20 from District boundaries and private roads and twenty feet 20 from PUD boundaries public roads and residential tracts Setback from lakes for all principal and accessory uses may be zero feet0 provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC PMCDD and Collier County Development Services Department Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference Maximum height ofstructures Eighty feet 80 Go H Minimum distance between principal or accessory structures which are a part architecturally unified grouping Ten feet 10 Minimum distance between all other principal structures Twenty feet 20 Minimum distance between all other accessory structures Ten feet 10 of an I Minimum floor area None required J Minimum lot or parcel area None required K Standards for parking landscaping signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval Unless otherwise indicated required yards heights and floor area standards apply to principal structures 62

34 SECTION VII ACTIVITY CENTER DISTRICT 71 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as AC 72 MAXIMUM SQUARE FOOTAGE ROOMS A maximum of square feet gross floor area square feet leasable floor area of retail uses square feet gross floor area of office use including up to square feet of medical offices and 450 hotel rooms may be constructed on lands designated AC 73 GENERAL DESCRIPTION Areas designated as AC on the Master Plan are designed to accommodate a full range of retail service and office commercial uses essential services and customary accessory uses The approximate acreage of the AC District is indicated on the Master Plan This acreage is based on conceptual designs and is approximate Actual acreages ofall development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3 Division 3 and Division 32 respectively of the Collier County Land Development Code Activity Center tracts are designed to accommodate internal roadways open spaces lakes and water management facilities and other similar uses found in Activity Center areas 74 PERMITTED USES AND STRUCTURES No building or structure or part thereof shall be erected altered or used or land used in whole or part for other than the following mo Permitted Principal Uses and Structures 1 Accounting Auditing and Bookkeeping Services Group Amusements and Recreation Services Indoor Groups Apparel and Accessory Stores Groups Automotive Dealers and Gasoline Service Stations Groups Automotive Repair Services and Carwashes Groups Building Materials Hardware and Garden Supplies Groups Business Services Groups except airplane industrial truck portable toilet and oil field equipment renting and leasing except armored car and dog rental 7389 except auctioneering bronzing field warehousing salvaging of damaged merchandise 8 Commercial Printing Group 2752 excluding newspapers 9 Depository Institutions Groups Eating and Drinking Establishments Group Engineering Accounting Research Management and Related Services Groups Food Stores Groups

35 General Merchandise Stores Groups Glass and Glazing Work Group 1793 Golf Club Facilities including Ancillary Teaching Facilities and Temporary GolfClubhouses Groups Group Care Facilities Category I and II Care Units Nursing Homes and Family Care Facilities Groups 8051 excluding mental retardation hospitals Health Services Groups Holding and Other Investment Offices Groups Hotels and Motels not to exceed 450 rooms Groups Home Furniture Furnishing and Equipment Stores Groups Insurance Carriers Agents and Brokers Groups Legal Services Group 8111 Libraries Group 8231 Membership Organizations Groups Miscellaneous Repair Services Groups except agricultural equipment repair awning repair beer pump coil cleaning and repair blacksmith shops catch basin septic tank and cesspool cleaning coppersmithing farm machinery repair fire equipment repair furnace and chimney cleaning industrial truck repair machinery cleaning repair of service station equipment boiler cleaning tinsmithing tractor repair Miscellaneous Retail Groups Motion Picture Theatres Group 7832 Multi Family Dwellings including Garden Apartments Non Depository Credit Institutions Groups Personal Services Groups non industrial dry cleaning only except crematories Real Estate Groups Resort Recreation Facilities including but not limited to Tennis Clubs Health Spas Equestrian Clubs and other Recreational Clubs Groups Public Administration Major Groups Recreation Services Groups Security and Commodity Brokers Dealer Exchanges and Services Groups Social Services Groups United States Postal Service Group 4311 except major distribution center Veterinary Services Groups excluding outside kenneling Video Tape Rental Group 7841 Vocational Schools Groups Uses permitted under Section 34 of this PUD subject to the Development Standards of Section 35 Any other principal use which is comparable in nature with the foregoing uses including general and professional offices not specifically listed above and which the Development Services Director determines to be compatible in the AC district 72

36 Bo Permitted Accessory Uses and Structures 1 Accessory uses and structures customarily associated with principal uses permitted in this District Customary accessory uses for hotel and motel principal uses including but not limited to shops personal service establishments eating or drinking establishments dancing and staged entertainment facilities and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel with common architectural standards even if contained in a free standing building Other accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as pool tennis facilities parks playgrounds and playfields Up to 50 residential units which shall not be subject to the definition of dwelling multiple family contained in Division 63 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center These residential units may be rented by the day week month or other rental periods determined by their respective owner manager which shall be either the hotel located within the Activity Center or the entity owing the golf resort use Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section Document 35 of this PUD Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the AC district 75 DEVELOPMENT STANDARDS mo Minimum Yard Requirements 1 Front Yard Twenty five feet 25 minimum or one halfthe building height whichever is greater Side Yard Fifteen feet 15 Rear Yard Fifteen feet 15 Any yard abutting a residential parcel Twenty five feet 25 Setback from a lake for all principal and accessory uses may be zero feet 0 provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC PMCDD and Collier County Development Services Department Bo Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference Co Maximum height ofstructures One hundred feet

37 D Minimum distance between all other principal structures Twenty feet 20 Minimum distance between all other accessory structures excluding drive through facilities Ten feet 10 Fo Minimum floor area floor Seven hundred 700 square feet gross floor area on the ground Minimum lot or parcel area Ten thousand square feet Minimum lot width Seventy five feet 75 Standards for parking landscaping signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval Unless otherwise indicated required yards heights and floor area standards apply to principal structures Jo Ko The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty six26 units per gross acre The net platted parcel density of hotel rooms per acre may exceed twenty six 26 rooms per acre however the total number of hotel rooms permitted in the Activity Center District shall be

38 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 81 PURPOSE The purpose of this Section is to set forth the development commitments of the Developer within the Pelican Marsh Community 82 GENERAL All facilities shall be constructed in accordance with the final site development plans the final subdivision plans and all applicable state and local laws codes and regulations relating to the subdivision ofthe land except where specifically noted or otherwise set forth in this Document or as otherwise approved by Collier County All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies Final master plans final site development plans or final subdivision plats and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project except as otherwise set forth herein In addition the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners shall control and be applicable to development of the subject property The Developer its successors and assigns shall be bound by said documents commitments and stipulations 83 MASTER PLAN The Master Plan Map H3 attached hereto as Exhibit A Johnson Engineering Inc File No is an illustrative preliminary development plan The design elements and layout illustrated on the Master Plan shall be understood to be flexible so that the final design may satisfy the Developer s criteria and comply with all applicable requirements of this Ordinance The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer AJ The following limitations shall apply to such requests 1 The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD Document 2 The minor change or refinement shall meet the criterion of Section e2 Florida Statutes and shall not require a determination and Public Hearing pursuant thereto 81

39 3 The minor change or refinement shall not constitute a substantial change pursuant to Article 2 Division27 Subsection27351 ofthe Collier County Land Development Code 4 The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses water management facilities and Reserve Areas within or external to the PUD Bo The following shall be considered minor changes or refinements subject to the limitations ofpud Section 83A 1 Reconfiguration of Reserve Areas jurisdictional wetland limits and mitigation features as a result of regulatory agency review 2 Reconfiguration of lakes ponds canals or other water management facilities where such changes are consistent with the criteria ofthe South Florida Water Management District and Collier County and where there is no further encroachment into Reserve Areas 3 Reconfiguration of golf course envelopes and design features 4 Internal realignment of rights of way other than a relocation of access points to the PUD 5 Reconfiguration of residential parcels when there is no encroachment into Reserve Areas Co Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director sconsideration for approval Do Approval by the Development Services Director of aminor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals 84 POLLING PLACES Pursuant to Article 3 Division 32 Section of the Collier County Land Development Code accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place An agreement between the Supervisor of Elections and the Developer was recorded in the official records ofthe Clerk of the Circuit Court of Collier County and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenant associations This agreement provides for said community recreation public building public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections 82

40 85 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2 Division 27 Section 2736ofthe Collier County Land Development Code 86 SUNSETTING This PUD is subject to the sunsetting provision as provided in Article 2 Division 27 Section2734of the Collier County Land Development Code until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community at which time the provisions ofthe Development Order relative to duration and effective date shall govern 87 TRANSPORTATION Bo The Developer shall provide appropriate left and or right turn lanes at all community access points to publicrights of way at the time of construction of each access The Developer shall provide arterial level street lighting at all community access points to State or County public rights of way at the time of construction of each access The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access point to a public right of way when deemed warranted by the County These signals will be owned operated and maintained by Collier County Collier County and the Developer entered into an Agreement dated January herein Agreement to address the alignment and environmental permitting for Vanderbilt Beach Road herein VBR through the Pelican Marsh Community property and to address environmental permitting for the expansion of Goodlette Frank Road from Immokalee Road to VBR Eo As is set forth in the Agreement the Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property Pursuant to the Agreement the Developer is eligible for Road Impact Fee credits for halfof its expenditures per the Agreement in obtaining environmental permits F Go The Developer agrees to dedicate to Collier County the road right of way required for that section ofvbr within the Pelican Marsh Community PUD boundaries owned by the Developer upon request by Collier County so long as that right of way is the alignment depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to the Developer The Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance and Section Florida Statutes as is further set forth in Section812 hereof The value of said right of way dedication shall be equal to Developer acquisition ofthe property scost of There are acknowledged benefits to both the County and the Developer alignment ofvbr shown on the Pelican Marsh Community PUD Master Plan in the and as 83

41 referenced in the Agreement and hereinafter as the Preferred Alignment However there is the potential that the cost of environmental permitting mitigation design and construction ofthe road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement Ifthe ultimate alignment of VBR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to the Developer the Developer agrees to pay the differential cost for the segment of VBR within the Pelican Marsh Community PUD boundaries Differential cost means the reasonably ascertainable cost of environmental permitting environmental mitigation design and construction of that segment of VBR within the Pelican Marsh Community boundaries as compared to the total ofthe same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement The Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the differential cost described herein The cost for design permitting and construction of the expansion to Goodlette Frank Road Overpass structure to expand said structure from two 2 lanes up to six 6 lanes as approved by the Board of County Commissioners is the sole responsibility of the Developer and is not the responsibility of Collier County the Pelican Marsh Community Development District or any property owners or property owner associations within Pelican Marsh The Developer may elect to apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer sdedication of road right of way for the future Livingston Road as specified in PUD Document Section 87 at Paragraph P below as full or partial payment of Developer sobligation to pay for the expansion of the Goodlette Frank Road overpass structure The design permitting and construction costs of the Goodlette Frank Road Overpass to meet the Financially Feasible Transportation Plan as well as the market value of Developer s land to be dedicated for the future Livingston Road shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County Payment ofroad impact fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code Division315 Adequate Public Facilities These transportation stipulations set forth in Section 87 ofthe PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement said agreement remains in full force and effect except to the extent certain provisions of the same may be specifically superseded by the provisions ofsection 87 ofthe PUD Ko The Developer shall build at its cost a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right of way and north of the Hickory Road right of way This buffer shall include a minimum six foot 6 berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting Adjacent to Lake Bunting where a berm cannot be constructed due to limited width the buffer will include canopy trees and shrubs The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use 84

42 L Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular pedestrian and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community Such access may be restricted by the Developer to maintain the privacy and security ofthe Pelican Marsh Community residents Vehicular pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road US 41 intersection and the Immokalee Road US 41 intersection shall not be required M No final local development orders building permits will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road fromus 41 to Airport Pulling Road Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center uses after commencement of construction of Vanderbilt Beach Road from Airport Pulling Road tous 41 N O P The Pelican Marsh Community shall be subject to any duly adopted fair share or pro rata funding mechanism established by Collier County to implement an area wide pedestrian and bicycle path system The Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro rata contribution based on contributions made for the improvements tous 41 Vanderbilt Beach Road and Goodlette Frank Road The amended Pelican Marsh Community PUD Master Plan MapH3 attached as Exhibit A to the PUD Document indicates the approximate locationof access points to the Pelican Marsh Activity Center and indicates full access or directional access The location of these access points is subject to change and will be finalized at the time of permitting The Developer agrees to dedicate or cause to have dedicated to Collier County the road right of way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries The conveyance document shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose The timing ofthe dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance The Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance and Section dedicated property shall be determined pursuant to Subsection27281ofthe LDC 16 Florida Statutes 1995 The value of the 8 WATER MANAGEMENT A An Excavation Permit will be required for proposed lake s and Pine Ridge Canal relocation in accordance with Division 35 of Collier County Ordinance No and South Florida Water Management District Rules B A copy of a South Florida Water Management District Permit or Early is required prior to construction plan approval Work Permit C A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability ofthe adjacent wastewater treatment ponds 85

43 will occur as a result of the Pine Ridge Canal relocation shall be provided prior subdivision to construction plans approval or Preliminary Work Authorization which ever occurs first Preliminary Work Authorization was approved by the Board of County Commissioners on May and amended on April Do All off site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval Preliminary Work Authorization was approved by the Board of County Commissioners on May and amended on April As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road CR 846 The Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates The rehabilitation will be limited to normal refurbishment of the gates including the bearings and access walks and the seals gate if required Replacement of the gates cradles structures or foundations required if will not be the responsibility of the Developer the PMCDD or their assigns Collier County will contribute9000 to the cost of design construction and The rehabilitation shall be complete by the time the Cocohatchee Strand Restoration Plan is certified complete to the South Florida Water Management District Go Water Management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April Ho If legally and physically possible the PMCDD will maintain that portion of the Pine Ridge Canal off site from the south border of the PUD to a point immediately of the Immokalee south Road amil gates Maintenance responsibility by the PMCDD for this portion will cease at the time of the issuance of the final development order for the property encompassing said portion of canal The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible 89 UTILITIES The rate of post development stormwater discharge into the Pine Ridge Canal Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process Temporary construction and or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting underfac 10D 6 and may use potable or irrigation wells Bo Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under FAC 10D 6 and may use potable and irrigation wells 86

44 Co The project will be served by central potable water distribution fire protection and sewage collection facilities Irrigation water will be provided with a separate distribution system supplied by on site wells reclaimed water or other non potable water source Water distribution sewage collection and transmission facilities to serve the project are to be designed constructed conveyed owned and maintained in accordance with Collier County Ordinance No refer to agreement that approved PMCDD Resolution as amended and other applicable County rules and regulations PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family uses only Use ofthe services will Go Ho be approved on final inspection and acceptance by Collier County All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County s established rates The on site water distribution system serving the project must be connected to the Collier County Water Sewer District the District water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project sutility Master Plan and extended throughout the project During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible The project s Developer s its assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits for irrigation purposes The Developer would be responsible for providing all on site piping and pumping facilities from the County spoint of delivery to the project and shall negotiate with the County to provide full or partial on site storage facilities as required by the FDEP consistent with the volume oftreated wastewater to be utilized The utility construction documents for the project s sewerage system shall be prepared so that all sewage flowing to the County s master pump station is transmitted by one 1 mainon site pump station for each sewage collection basin Due to the design and configuration of the master pump station flow by gravity into the station will not be possible The Developer s Engineer shall meet with the County staff prior to commencing preparation of construction drawings so that all aspects of the sewerage system design can be coordinated with the County s sewer master plan The existing off site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required if necessary consistent with the County s Water Master Plan to insure that the District swater system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District sexisting committed capacity This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities phase ofthe project at the time utility service is required to serve that 87

45 K The existing off site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project s boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities This requirement will be waived provided a written statement is obtained from the Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase ofthe project at the time utility service is required L M Within the Pelican Marsh Community landscaping areas including palm trees shrubs and groundcovers sidewalks paths will be allowed within utility easements including placement within three feet 3 of a utility line Canopy trees may be located seven feet 7 from the utility line seven feet 7 being measured from the trunk of the tree to the centerline of the utility line Reconstruction of sidewalk pathways or modification re installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer its successors or assigns The Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to the distribution mains during construction of the single family subdivision utilities The installation will be scheduled upon request and payment of fees by the Developer its successors and or assigns The installation will be in accordance with the approved plans and specifications current policies and N procedures and performed by the Developers contractor The contractor must be approved for the installation by the Collier County Utilities Division Fees will be determined by the current ordinance in effect at the time of the request for connections Reimbursement of connection fees will be rebated to the Developer annually based on meter installations The Developer will prepare a study to determine the most effective and efficient means to shield the light source spill over from the sports field lights at Veteran s Park The study will address the approach installation methods costs and scheduling ofthe work and will be presented to the Collier County Parks and Recreation Director for review and approval Should the improvements be determined by the County to be expenses that are eligible for impact fee credits the Developer will provide the County with engineered drawings and specifications suitable for bidding by the County The Developer will pay the County the value of light shield installation and receive impact fee credit if it qualifies under the County s Parks and Recreational Facilities Impact Fee Ordinance for the actual cost of the work pursuant to the terms of the Impact Fee Ordinance 810 ENVIRONMENTAL A In order to avoid repetitive review of environmental issues in subsequent stages ofthe County development approval process the requirement for obtaining approval of an Environmental Impact Statement EIS pursuant to Division 38 Section38 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration This provision is based upon 1 approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community 8

46 Environmental Supplement submitted in conjunction with this Application for Public Hearing for PUD Rezone and 2 the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance93 27 This provision shall apply to the Developer its successors or assigns B Pursuant to Collier County Land Development Code Article 3 Division38 Section 38 the Pelican Marsh PUD EIS cited in Section810 A above shall constitute Collier County s review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries as defined via County Ordinance C Sections 810 A and B above do not relieve the Developer from providing or foreclose the County from requesting information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier County Land Development Code Section385415d and e D The Collier County ST overlay has been eliminated and replaced by this Planned Unit Development however all existing Collier County wellfield and or groundwater protection zones shall remain in effect unless otherwise modified by Collier County E The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into the PUD by reference The Cocohatchee Strand Restoration Plan WMB P Inc File No ENV 88 depicts the improvements contemplated under the Cocohatchee Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier Countyjurisdictional wetlands It is understood that changes to both the Cocohatchee Strand Mitigation Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies Ifsuch changes cause aneed to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan such modifications and revisions may be administratively approved by the Collier County Development Services staff F In accordance with Policy 735 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan gopher tortoises shall be relocated to the GCO District and to the Xeric Scrub Conservation Area G Compensation for lost habitat which extent has been approved by the Florida Game and Fresh Water Fish Commission FGFWFC shall be in accordance with FGFWFC policy Collier County shall defer all environmental permitting regarding wetlands wetland 811 impacts and wetland mitigation to the South Florida Water Management District The Developer shall coordinate with and copy Collier County on all approved permits SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS The Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3 Division32 Section328 unless otherwise stated in this PUD The following substitutions 89

47 o to the improvements standards are approved for Final Subdivision Plat requirements A Sidewalks bike paths shall conform with Subsection except as follows 1 Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have asidewalk or bikepath on each side ofthe street 2 All other through streets shall be considered local streets and shall be required to have asidewalk or bikepath on one side of the street 3 All cul de sacs serving more than fifty 50 single family lots shall be required to have a sidewalk or bikepath on one side ofthe street 4 All cul de sacs serving fifty 50 or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied The right of way section shall include two twelve foot 12 wide travel lanes and The gross density acre in thecul de sac shall be less than two 2 units per Private streets shall conform with the fight of way and pavement width requirements ofsubsection except as follows Cul de sac and local streets less than one thousand feet 1000 in length are required to have a minimum forty foot 40 right of way width and two ten foot 10 wide travel lanes subject further to the conditions of Section 811A4 ofthis PUD All other cul de sacs are required to have a minimum fifty foot 50 right of way width and two ten foot 10 wide travel lanes subject further to the conditions of Section 811A4 ofthis PUD All other local streets are required to have aminimum fifty foot 50 fight of way and two twelve foot 12 wide travel lanes Where sidewalk design substitutions are desired per Section811 A4of this PUD cul de sac streets shall have a minimum of two twelve foot 12 wide travel lanes Cul de sacs shall conform with the requirements of Subsection but may exceed a length of one thousand feet 1000 Tangents between reverse curves shall not be required under Subsection except on Pelican Marsh Boulevard where the requirement shall be seventy five feet 75 Street grades may exceed four percent4 under Subsection provided that applicable Florida Department of Transportation Manual of Uniform Minimum Standards FDOT MUMS and AASHTO criteria are met Roadside slopes within private street fights of way may be allowed to a maximum of 31 in accordance with FDOT MUMS page II

48 812 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination ofthe existing canal and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan Maintenance of the Pine Ridge Canal and associated control structures within the boundary ofthe Pelican Marsh Community PUD shall be the responsibility ofthe PMCDD 813 DEDICATIONS All dedications of property or facilities for a public purpose whether by easement or deed may at the Developer soption contain a condition limiting the use to said public purpose In addition said dedication at Developer soption may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period The reasonable time will be agreed to between the Developer and the grantee at the time of the dedication it being the intent of the grantee to have sufficient time to commence the use ofthis dedication 814 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions A Permitted Use 1 The school site shall only be improved for and used as a school for school purposes B Building Setback Lines Size of Building and Building Height 1 The minimum setback of any structure including temporary accessory and portable structures from a property line or right of way line shall be twenty five feet 25 on the northern and western property lines and fifty feet 50 on the eastern and southern property lines 2 No principal structure of any kind shall exceed three 3 stories in height and accessory structures shall be limited to a maximum of twenty feet 20 in height The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code C Landscaping 1 All areas not covered by structures walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets to the property line and or to the location required by South Florida Water Management District of any abutting lakes canals or water management areas No stone gravel or paving of any type shall be used as a lawn All required lawns and landscaping shall be complete at the time of completion ofthe structures evidenced by the issuance ofa certificate of occupancy by the appropriate governmental agency 811

49 o Do Eo Signs 1 Any sign installed in on or placed within the School Site shall be no larger than ten feet 10 in length by five feet 5 in height Lighting of any sign may be fluorescent uplight from grade No neon or colored lighting is allowed All signs must also conform with the Collier County Land Development Code Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures light source installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site Fo Outdoor Equipment All garbage and trash containers oil tanks bottled gas tanks swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled in or site screened fenced in areas so that they shall not be readily visible For structures at the maximum building height all vents stacks and mechanical equipment of any nature and type and other such outdoor equipment located on roof areas shall besite screened so that they shall not be readily visible from adjacent properties 815 All active sports areas including baseball soccer basketball football etc shall be set back twenty five feet 25 from the easterly and southerly property lines NOTIFICATION OF PROXIMITY TO COUNTY FACILITY The Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County swastewater Treatment Plant parcel on Goodlette Road This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County s Wastewater Treatment Plant This notification is made at the request of Collier County The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject provided however that the Developer shall comply with the requirements ofsaid ordinance or regulation where applicable 816 Plaza at Galleria SDP Special Conditions of Approval The following conditions are applied to the above development as a result ofthe December

50 2002 BCC approval of the PUD to PUD Rezone having the effect of an amendment to the Pelican Marsh PUD PUDA to increase the allowable square footage of medical offices from 9000 square feet to square feet Within 30 days of the Board of County Commissioner approval the developer will submit an amendment to SDP providing the following 1 All actual and proposed uses and the square footage of each use 2 A revised parking matrix indicating all required parking spaces for the existing general and medical office uses as well as the proposed general offices uses all based upon the approved site development plan 3 Medical office use square footage shall be limited to that which existed within the project on the date of the Board of County Commission approval The exact square footage of medical office use shall be determined and shall be clearly indicated on the amended site plan 4 A landscape plan depicting on site landscaping areas and types that meets or exceeds the amount of landscaped area measured in square footage Where additional parking areas encroach into existing landscaped areas enhanced plantings shall be required in order to maintain an overall amount of landscaping cover that equals or exceeds the amount of existing on site landscaping 5 As may be necessary revisions to the signed and sealed water management plan to accommodate additional impervious parking areas and to allow for additional landscaping to replace any landscape area removed to accommodate additional parking areas Bo Within 90 days of approval ofthe amended site development plan construction ofthe additional parking areas and installation of any necessary landscaping or water management area reconstruction will be commenced Co Until such time as the amended site development plan is approved and all improvements depicted there on are constructed inspected and approved the 7000 square feet of vacant space located in Building A depicted on the attached conceptual site plan labeled Exhibit B shall not be occupied or used in any manner 813

51 I I I Map H Master Plan ExtaINOPC Pelicsn Marsh Communities wo Coun act P