Loading...
Ordinance 2001-016 ORDINANCE NO. 01- COLLIER CO~TY LA~ DEVELOPMENT CODE WHIC ~CLUDES THE COMPREHENSIVE ZON~G REGULATIONS FO~ ~ · FLO~DA BY ~END~G THE OFFICIAL ZON~G ATLAS MAPS MBERED 8514N AND 8514S; BY CHANGING THE ZON G PROPERTY FROM "A" AGRICULTU~ A~ "GC" GOLF COURSE TO "PUD" PLA~ED ~IT DEVELOPMENT KNO~ AS CASTLEWOOD AT IMPE~AL PUD TO ALLOW FOR 34 S~GLE FAMILY DWELLING ~ITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMPERIAL GOLF COURSE BOULEVA~ IN SECTION 14 TO,SHIP 48 SOUTH, ~NGE 25 EAST, COLLIER CO~TY, FLO~DA, CONSIST~G OF 21.16~ AC~S; A~ BY PROVID~G AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning, representing Edward R. Bryant, Jr., P.A., and Lloyd G. Sheehan, Trustees, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" PNnned Unit Development in accordance with the Castlewood at Imperial PUD Document, attached herd~b as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 85j4N ~nd~ 8514s, as described in Ordinance Number 91-102, the Collier County Land Developmer~ COde,~e hereby amended accordingly. ~5' U_) -": SECTION TWO: > c,'~ co This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, this ~9~day of as't '.Cha ,2001. DWIGHT E: BROCK, Clerk BOARD OF COUNTY COMM~[SSIONERS JAMES D~RTER,~j:~h.D.~ ~'~IRMAN Approved as to Form and Legal Sufficiency Marjo~ M. Student Assistant County Attorney PUD-99-21 ODINANCE/RB/im This ordlna~'e flied with ~ c~eta~/of State's O~ice the ond ocknow~en~ of ~ot f;l/n~¥~d ,his ~ ~y -1- CASTLEWOOD AT IMPERIAL PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: EDWARD R. BRYANT, JR, PA, TRUSTEE 700 ELEVENTH ST. SOUTH, PH II NAPLES, FLORIDA 34102 and LLOYD G. AND NANCY SHEEHAN, TRUSTEES 1751 IMPERIAL GOLF COURSE BOULEVARD NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and JEFF DAVIDSON, P.E. DAVIDSON ENGINEERING 1720 J. & C. BLVD., SUITE 3 NAPLES, FL 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC'" DATE APPROVED BY BCC ORDINANCE NUMBER - Auaust 91 1999 January 5, 2001~ 03/27/01 2001-16 -- EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS PAGE ii III 1 2 4 7 10 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT/UTILITY PLAN LEGAL DESCRIPTION 111 STATEMENT OF COMPLIANCE The development of approximately 21.16+ acres of property in Collier County, as a Planned Unit Development to be known as Castlewood at Imperial PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of Castlewood at Imperial PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The Project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code, as set forth in Objective 3 of the Future Land Use Element. The Project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The Project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project is located within the Urban Residential Mixed Use. The projected density of 1.61 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Traffic Con.qestion Boundary Maximum Permitted Density +4 -1 3 dwelling units/acre dwellin,q units/acr~;: dwelling units/acre All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Castlewood at Imperial PUD. LEGAL DESCRIPTION The subject property being 21.16+ acres, is located in Section 14, Township 48 South, Range 25 East, and is fully described in Exhibit "C". PROPERTY OWNERSHIP The subject property is owned by 4 separate land trusts: Edward R. Bryant, Jr., P.A., 700 Eleventh St. South, PH II, Naples, Florida 34102 is trustee of 2 parcels, that are both 5.11 acres and in separate land trusts, and comprise approximately the eastern 1/2 of the PUD. Lloyd G. Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 10.22-acre parcel that comprises approximately the western 1/2 of the PUD. Nancy Sheehan, 1751 Imperial Golf Course Boulevard, Naples, Florida 34110 is trustee of a 0.72-acre parcel that is essentially the access parcel onto Imperial Golf Course Boulevard. 1.4 GENERAL DESCRIPTION OF PROPERTY ARE,~. Ao The subject property is located on the north of Imperial Golf Course Boulevard, approximately 1.25 miles east of North Tamiami Trail, in unincorporated Collier County, Florida. Bo The entire project site currently has Agricultural Zoning, with an estates type single-family home on the western half, and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION 1.6 1.7 The project site is primarily located within the Cocohatchee River Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project is to the south through the existing Imperial Golf Course System. Natural ground elevation varies from 11.1 NGVD to 12.1 NGVD; average site elevation is 11.5 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge into the Imperial Golf Course system. The water management system will be permitted by South Florida Water Management District (SFWMD). All rules and regulations of SFWMD and Collier County will be imposed upon this Project including but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD rules; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #17 - Basinger Fine Sand. Site vegetation on the eastern half of the site consists primarily of Slash Pine and Saw Palmetto. The western half of the site has an existing single-family home on an estates type lot with scattered Slash Pines and mowed grass. PROJECT DESCRIPTION The Castlewood at Imperial PUD is a project composed of a maximum of 34 residential units. These residential units are planned on being developed as single-family detached homes. Residential land uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as "Castlewood at Imperial Planned Unit Development Ordinance". 2.1 2.2 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. GENERAL Bo Co Do Eo Regulations for development of Castlewood at Imperial PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site DevelOpment Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, 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 building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of Castlewood at Imperial PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 4 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE~ 2.4 ' 2.5 2.6 A maximum of 34 dwelling units shall be constructed in the residential areas of the Project. The gross project area is 21.16+ acres. The gross project density shall be a maximum of 1.61 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIE,~ In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All road impact fees must be paid prior to the removal of material for off-site transport. Bo All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITR The maximum number of residential dwelling units within the PUD shall be 34 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Ao Permitted Principal Uses and Structures: 1. Single-family dwellings. Any other use deemed comparable in nature by the Development Services Director. Permitted Accessory Uses and Structures: Customary accessory uses and structures including garages and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services, including interim and pe~:manent utility and maintenance facilities. 3.4 Water management facilities, including such facilities within any Native Habitat Preserve Areas. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARD,C; Minimum Lot Area: Twelve thousand (12,000) square feet. Minimum Lot Width: Co 2. 3. Minimum Yards: Interior Lots: Eight-five (85) feet. Corner Lots: Ninety-five (95) feet. Cul-de-sac Lots: Seventy-five (75) feet. 2. 3. Maximum Height: Front Yards: Twenty-five (25) feet. Rear Yards: Twenty (20) feet. Side Yards: Seven and one-half (7.5) feet. 1. Principal Structures: Thirty-five (35) feet. 2. Accessory Structures: Twenty (20) feet. Minimum Floor Area: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minimum of 3.7 acres of native vegetation shall be preserved on- site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. Landscapin.q and Buffering Requirements: If landscape buffers are determined necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. o A fence shall be constructed by the developer, along both the northern and western PUD boundaries except within the canal easement, prior to the issuance of Certificates of Occupancy for any permanent structure within the project. Architectural Standards All lighting, signage, and landscaping shall be architecturally and aesthetically unified throughout common areas of the subject site. All pole lighting, internal to the Project, shall be architecturally designed and limited to a height of thirty (30) feet. Construction signs shall be limited to a single sign along Imperial Golf Course Boulevard, not exceeding an area of 20 square feet. o Other signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 4.1 4.2 4.3 SECTION IV DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the Project. 10 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT 4.5 4.6 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is projected to be completed in one (1) or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING Ao This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT Ao A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Construction Plan submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Subdivision Construction Approval. An Excavation Permit will be required for the proposed lake(s) as described within Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. The setback is measured from the lake control elevation. Nothing may be placed within the lake maintenance easement. Developer shall cooperate with the County Stormwater Management Department with the dedication of a drainage easement in the southeast 11 4.7 4.8 corner of the project to serve as an extension of the drainage facility located within the adjacent existing 100 foot drainage and utility easement in the Imperial Golf Estates Phase I Subdivision. The stormwater management system shall be designed in compliance with the North Livingston Road Drainage Basin. The Collier County Public Works Department will review the subject stormwater design for compatibility with that Basin, prior to construction plans approval. UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. TRAFFIC 4.9 4.10 Road Impact Fees shall be paid in accordance with Ordinance 2000-56, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Ao Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and Collier County wetland rules. Bo All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the Project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements Co dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. A minimum of 3.7 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The PUD Master Plan identifies 2.6 acres. The remaining acreage (a minimum additional 1.1 acres) shall be identified on the site plan, at the time of the next development order submittal. If mitigation plantings will be used to make up any of the acreage, the landscape plans with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code) shall also be submitted at that time. DA ~DSON ENGINEEMNG, --" - LEGAL DESCRIPTION The East 1/2 of the Southeast 114 of the Southwest 114 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The West 112 of the East 1/2 of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. The Southwest 114 of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Collier County, Florida. Commencing at the Southwest corner of the East 112 of the Northwest 1/4 of Section 14, Township 48 South, Range 25 East, Sly 144.69 feet, South 81°07'08", West 82" to a point of a curve to left along the arc of the curve 68', North 37°56'30" West 184.74', North 88o57'50-, East 250', to the Point of Beginning. EXHIBIT "C" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2001-16 Which was adopted by the Board of County Commissioners on the 27th day of March, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of March, 2001. DWIGHT E. BROCK Clerk of Courts and.Clerki?~? ~, Ex-officio to Board~of County By: Ellie Hof fman, Deputy Clerk