Ordinance 2004-59
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$¿.þ c'Lro" AN ORDINANCE OF THE BOARD OF COUNTY
",z.~?zz \,.'0 COMMISSIONERS AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE. OR SUCCESSOR PROVISION. WHICH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, TO AMEND THE
APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
THE PELICAN BAY PUD FOR THE PURPOSE OF
AMENDING THE PUD DOCUMENT TO REALLOCATE
121.000 SQUARE FEET OF APPROVED BUT AS YET
UNCONSTRUCTED AND UNCOMMITTED
COMMERCIAL USES FROM THE NORTH
COMMERCIAL AREA KNOWN AS THE MARKETPLACE
TO THE SOUTH COMMERCIAL AREA KNOWN AS THE
WATERSIDE SHOPS; TO REDUCE THE NUMBER OF
APPROVED BUT YET UNCONSTRUCTED AND
UNCOMMITTED RESIDENTIAL DWELLING UNITS
FROM 8600 TO 7800, A REDUCTION OF 800
DWELLING UNITS; AND TO PROVIDE FOR
ADDITIONAL TRANSPORTATION COMMITMENTS ALL
FOR PROPERTY LOCATED IN THE NORTHWEST
QUADRANT OF THE INTERSECTION OF U.S. 41 AND
SEAGA TE DRIVE (C. R. 896) IN SECTIONS 32 AND 33.
TOWNSHIP 48 SOUTH. RANGE 25 EAST. AND
SECTIONS 4, 5. 8 AND . 9, TOWNSHIP 49 SOUTH,
RANGE 25 EAST. COLLIER COUNTY. FLORIDA,
CONSISTING OF 2.104 ACRES. MORE OR LESS;
PROVIDING FOR A PARTIAL REPEAL OF ORDINANCE
NUMBER 77-18. AS AMENDED. THE EXISTING
PELICAN BAY PUD ORDINANCE; AND BY PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO. 04- 59
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WHEREAS, C. Laurence Keesey, Esq., representing the Waterside Shops at Pelican Bay Trust and
WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning.cla~sification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 32 and 33,
Township 48, South, Range 25 East and Sections 4,5,8 and 9, Township 49 South, Range 25 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the
additions and deletions to Ordinance Number 77-18, as amended, the Pelican Bay PUD as reflected in
Words struck thro\:lgh are deleted; words underlined are added.
Page 1 of 2
the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made a
part hereof. The appropriate zoning atlas maps as described in Ordinance Number 91-102, the Collier
County Land Development Code, or successor provision, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 77-18, known as the Pelican Bay PUD, adopted on April 19, 1977, by the
Board of County Commissioners of Collier County, Florida, together with any amendments thereto, is
hereby repealed only to the extent that the Ordinance, as amended, is inconsistent with the additions and
deletions set forth in the Pelican Bay PUD Document attached hereto as Exhibit "A". All other provisions
of Ordinance Number 77-18, as amended, shall remain in full force and effect.
SECTION THREE:
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,
Florida, this 21st day of September, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:tf~ d4
DONNA FIALA, CHAIRMAN
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PUDA-2003-AR-4008/RB/lo/sp
This ordlnonce fited with the
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ond ocknowledgementéthat
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of
Words struek through are deleted; words underlined are added.
Page 2 of 2
Planned Unit Development
For
PELICAN BAY PUD
BY
WCI Communities, Inc.
(Formerly Westinghouse Communities of Naples, Inc.;
Formerly Coral Ridge-Collier Properties, Inc.)
Original PUO: Approval April 8, 1977
PUO Ordinance 77-18
As Amended by:
Ord.80-61
Ord. 80-109
Ord. 81-16
Ord.81-50
Ord. 82-96
Ord. 83-4
Ord. 83-48
Ord. 86-42
Ord. 88-62
Ord. 89-35 (Sub. dev.)
Ord. 90-66
Ord. 93-63
Ord.04 59
Exhibit "A"
INDEX
PAGE
LIST OF EXHIBITS 11
STATEMENT OF COMPLIANCE 11l
PROPERTY OWNERSHIP & DESCRIPTION SECTION I 1-1
PROJECT DEVELOPMENT SECTION II 2-1
UTILITY SERVICES SECTION III 3-1
RESIDENTIAL GROUP 1 SECTION IV 4-1
RESIDENTIAL GROUP 2 SECTION VI 5-1
RESIDENTIAL GROUP 3 SECTION VI 6-1
RESIDENTIAL GROUP 4 SECTION VII 7-1
GOLF COURSE SECTION VIII 8-1
COMMUNITY & AREA COMMERCIAL SECTION IX 9-1
CONSERVATION AREA SECTION X 10-1
UTILITY AREA SECTION XI 11-1
DEVELOPMENT COMMITMENTS SECTION XII 12-1
"~,'~--
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
LIST OF EXHIBITS
Evidence of Control of Property
Vicinity Map
Site Map
Boundary Map
Topography Map
Soils Map
Vegetation Map
Pelican Bay Improvement District Act
Estimated Unit Absorption Schedule and Population Projection
Internal Roadway Requirements
Traffic Signal Locations
Hotel Location Restrictions
Height Restriction for Portions of Group 4
Agreement between Collier County Planning Commission and
Westinghouse Communities of Naples, Inc.
2
STATEMENT OF COMPLIANCE
The development ,of approximately 2104 acres of property in Sections 32 and 33,
Township 48 South, Range 25 East and Sections 4, 5, 8, and 9, Township 49 South,
Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as
PELICAN BAY will comply with the planning and development objectives of Collier
County. These objectives are set forth in the Comprehensive Plan which includes the
Growth Policy and Official Land Use Guide, all of which were adopted by the Board of
County Commissioners on October 14, 1974. PELICAN BAY will meet the planning
and development objectives for the following reasons:
1) This property is surrounded by developed property on three adjacent
landward sides.
2) An arterial roadway is in existence along the project's eastern boundary.
There are also roadways along the north and south boundaries of the
proposed project.
3) The property is entirely within the boundaries of the Pelican Bay
Improvement District which was created by the Florida Legislature for the
purpose of providing water management, potable water and wastewater
treatment facilities for the proposed development.
4) The proposed land use mix is compatible with the surrounding uses.
5) The project rates points in excess of the 31 points necessary to determine
it to have existing community facilities and services for the residential
density and permitted uses of the proposed plan and therefore is not
leapfrog growth.
6) The project shall comply with the applicable zoning and subdivision
regulations and all other County and State laws dealing with platting and
subdividing of property at the time improvements and plat approvals are
sought.
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SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.01 INTRODUCTION AND PURPOSE
It is the intent of Coral Ridge-Collier Properties, Inc. (hereinafter called
"applicant" or "developer") to establish and develop a planned unit development
on approximately 2,104 acres of property located in Collier County, Florida, just
north of the City limits of Naples. It is bordered on the west by the Gulf of
Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern
boundary of the property is Vanderbilt Beach Road. The southern edge of the
property is bounded by Seagate Drive. It is the purpose of this document to
provide the required detail and data concerning the development of the property.
1.02 NAME
The development will be known as PELICAN BAY.
1.03 LEGAL DESCRIPTION
All that fractional part of Section 32, lying South of Vanderbilt Beach Road; and
all of Section 33, lying South of Vanderbilt Beach Road and West of State Road
45 (U.S. 41); all in Township 48 South, Range 25 East, Collier County, Florida.
AND ALSO, all of Section 4, lying West of State Road 45 (U.S. 41); all fractional
parts of Government Lots 1 and 2, Section 5; all fractional partsof Section 8; and
all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the
South 70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of
the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County,
Florida.
1.04 TITLE TO PROPERTY
The southern 500 acres of the proposed development are owned by Coral Ridge-
Collier Properties, Inc. The northern 1,604 acres are under option as described in
Exhibit "A", Evidence of Control of Property.
1.05 GENERAL DESCRIPTION OF PROPERTY AREA
The general location of PELICAN BAY, the current zoning classifications of
surrounding properties, and nearby land developments are illustrated by Exhibit
"B", Vicinity Map.
The project site contains approximately 2,104 acres of property with
approximately three miles of frontage along the Gulf of Mexico. At the time of
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this application the property was zoned GRC, RM-l and RS-4. Certain portions
along the western edge of the property were designated "Special Treatment (ST)"
as shown on Exhibit "B", Vicinity Map.
1.06 PHYSICAL DESCRIPTION
Elevations within the project site range from sea level to approximately nineteen
(19) feet above sea level as shown on Exhibit "E", Topography Map.
The soil types of the site are shown on Exhibit "F" Soils Map and are discussed in
detail in Section 20.B.6 of the Application for Development Approval of a
Development of Regional Impact.
The vegetation on the site is shown on Exhibit "G", Vegetation Map and is
discussed in detail in Section 20.B.2 of the Application for Development
Approval of a Development of Regional Impact.
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SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section is to generally describe the project plan of the
development and delineate the general conditions that will apply to the entire
project.
2.02 GENERAL PLAN OF DEVELOPMENT
The general plan of development of PELICAN BAY is for a planned residential
community including a mixture of single and multi-family dwelling units with
commercial areas, golf course, school sites, governmental facilities sites,
neighborhood and community parks and protected beaches and wetlands.
2.03 GULF-FRONT LAND
The applicant recognizes the importance of the availability of Gulf- front land for
the use of those persons residing within the PELICAN BAY development and for
use by the general population of Collier County. The applicant also recognizes
the importance of setting aside large areas which are environmentally sensitive.
When the applicant receives all local, state, federal or other regulatory agency
development permits, and complete development is permitted in accordance with
this ordinance as adopted, the applicant shall satisfy the requirements for Gulf-
front land use for the residents of PELICAN BAY and the general Collier County
population in the following ways:
a. The residents of PELICAN BAY: When the above condition is met, the
applicant shall file covenants on approximately 530 acres of uplands,
wetlands, and open water areas, which are environmentally sensitive,
including approximately one and one-quarter miles of beachfront
immediately north of Clam Pass. The use of this land will be restricted by
covenants for preservation, conservation and limited recreational use and
this area is identified on the project development map as the area labeled
"Conservation" .
b. General Collier County population: When the above condition is met, the
applicant shall convey approximately 36 acres, which includes three-
quarters of a mile of beach front immediately south of Clam Pass to Collier
County. This conveyance will contain a covenant restricting its use for a
public beach with related recreational activities and in the event that
development or fill permits are modified or withdrawn at anytime during
the development process without written consent agreement between the
applicant and Collier County or in the event that Collier County violates
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the provisions of the covenant restricting the use of the beach for a public
beach with related recreational activities, then and in either one of those
events the ownership ofthe property shall revert to the applicant.
The applicant shall reserve a minimum of two (2) acres within the
southern portion of Group 4 upon which Collier County may construct a
parking lot in connection with any county constructed accessway to the 36
acres of Gulf-front land. The applicant will convey two (2) acres of Group
4 properties to Collier County at the time Collier County constructs a
beach accessway.
c. When the above condition is met, the applicant shall develop, on
approximately five (5) acres located at the northwest comer of PELICAN
BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico,
approximately 120 parking spaces and then convey the same to Collier
County for public beach access purposes.
The accomplishment of 2.03(a), (b) and (c) above being contingent upon the
conditions of 2.03 being met, and the transfer of dwelling units from the ST areas
and the placing of conservation zoning thereon being in contemplation of the
conditions of 2.03 being met and the applicant being allowed to develop 98 acres
of wetlands in the northwest comer of Group 4; it is specifically understood that,
in the event said conditions are not met and the applicant is not allowed to
develop the 98 acres or any part thereof, then to the extent that the applicant is not
allowed to develop any part of the 98 acres heretofore described, it is the intent of
the applicant to apply for a modification to this PUO document to allow the
applicant to develop an equal amount of the Conservation area as Group 4
property.
2.04 SPECIAL TREATMENT (ST) REGULATIONS
The adoption of this document shall constitute satisfaction of the "SPECIAL
REGULA nONS FOR (ST) AREAS OF ENVIRONMENTAL SENSITIVITY"
and the transfer of the applicant's development rights from "ST" lands to "non-
ST" lands, in compliance with the applicable sections of the Zoning Ordinance of
Collier County to permit development as herein described.
2.05 SITE PLAN APPROV AL
When site plan approval is required by this document the following procedure
shall be followed:
a. A written request for site plan approval shall be submitted to the Director
for approval. The request shall include materials necessary to demonstrate
that the approval of the site plan will be in harmony with the general intent
and purpose of this document, will not bè injurious to the neighborhood or
7
to adjoining properties, or otherwise detrimental to the public welfare.
Such material may include, but is not limited to the following, where
applicable:
1) Site plans at an appropriate scale showing proposed placement of
structures on the property; provisions for ingress and egress, off-
street parking and off-street loading areas, refuse and service areas;
and required yards and other open spaces.
2) Plans showing proposed locations for utilities hook-up;
3) Plans for screening and buffering with references as to type,
dimensions, and character;
4) Proposed landscaping and provisions for trees protected by County
regulations; and
5) Proposed signs and lighting, including type, dimensions and
character.
2.06 LAND USE
Table 1 is a schedule of the intended land use types, with approximate acreages
and total dwelling units indicated. The arrangement of these land use types is
shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at
final design to accommodate topography, vegetation and other site conditions.
The specific location and size of individual tracts and the assignment of dwelling
units thereto shall be submitted to and approved by the Director at the time of
Master Plan approval of each development phase as required by the Collier
County Subdivision Regulations.
2.07 FRACTIONALIZATION OF TRACTS
a) When Coral Ridge-Collier Properties, Inc. sells an entire tract or a
building parcel (fraction of a tract) to a subsequent owner, Coral Ridge-
Collier Properties, Inc. shall provide to the Director for approval or denial
prior to the sale, a boundary drawing showing the tract and the building
parcel therein when applicable and in the case of a residential area, the
number of dwelling units of each residential group assigned to the
property being sold. If approval or denial is not issued by the Director
within 10 working days, the submission shall automatically be approved.
8
b) In the event any residential tract or building parcel is sold by any
subsequent owner, as identified in Section 2.07(a), in fractional parts to
other parties for development, the subsequent owner shall provide to the
Director for approval or denial, prior to the sale of a fractional part, a
boundary drawing showing his originally purchased tract or building
parcel and the fractional parts therein and the number of dwelling units
assigned to each of the fractional parts. The drawing shall also show the
location and size of access to those fractional parts that do not abut a
public street. If approval or denial is not issued by the Director within 10
working days, the submission shall automatically be approved.
c) In the event a commercial tract or building parcel is sold by any
subsequent owner, as identified in Section 2.07(a), in fractional parts to
other parties for development, the subsequent owner shall provide to the
Director for approval or denial prior to the sale of a fractional part, a
boundary drawing showing his originally purchased tract or building
parcel and the fractional parts therein. The drawing shall also show the
location and size of access to those fractional parts that do not abut a
public street. If approval or denial is not issued by the Director within 10
working days, the submission shall automatically be approved.
d) The developer of any tract or building parcel must submit at the time of
application for a building permit, a detailed plot plan for this tract or
parcel. Such plot plan shall show the proposed location of all buildings,
access roads, off-street parking and off-street loading areas, refuse and
service areas, required yards and other open spaces, locations for utilities
hook-up, screening and buffering, signs, lighting, landscape plan, other
accessory uses and structures and in residential areas, the distribution of
dwelling units among the proposed structures.
2.08 RESIDENTIAL
The information hereinafter provided identifies each residential group; the total
acreage per group and the total dwelling units per group.
a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units
will be placed on Group 1 parcels in accordance with Section 4, except as
provided in Section 2.10.
b) Group 2 parcels include 390 acres. A maximum of 2314 dwelling units will
be placed on Group 2 parcels in accordance with Section 5, except as provided
in Section 2.10.
c) Group 3 parcels include 116 acres. A maximum of 1686 dwelling units will
be placed on Group 3 parcels in accordance with Section 6, except as provided
in Section 2.10. .
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d) Group 4 parcels include 343 acres. A maximum of 4000 dwelling units will
be placed on Group 4 parcels in accordance with Section 7, except as provided
in Section 2.10.
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TABLE 1
PELICAN BAY
LAND USE SCHEDULE
MAXIMUM
APPROXIMATE SQUARE FEET
LAND USE TYPE ACREAGE GROSS BLDG. AREA
MAXIMUM
NO. OF D.U.
RESIDENTIAL
Group 1 278
Group 2 390
Group 3 116
Group 4 343
COMMERCIAL
Area (South) 48.7 761,400
Community (North) 50.2 333,600
Total 98.9* 1,095,000
600
2314
1686
3200
*not including public roads and lakes
PUBLIC FACILITIES
Utility
Schools
Major Public Roads
Government Admin.
/Community Park
19
45
112
(also included in Group 2)
20
(also included in Group 2)
OPEN SPACE & RECREATION
Conservation Area
Golf Course, Tennis
Club & Golf Club
Neighborhood Parks
570
171
20
(also included in Residential areas)
Philharmonic Hall 6.5
TOTAL
2,104 Acres
7800
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2.09 PROJECT DENSITY
The total acreage of the PELICAN BAY property is approximately 2,104 acres.
The maximum number of dwelling units to be built on the total acreage is 7800.
The number of dwelling units per gross acre is approximately 3.7. The density on
individual parcels ofland throughout the project will vary according to the type of
housing placed on each parcel of land.
2.10 PERMITTED VARIATIONS OF DWELLING UNITS
Each tract shall be permitted to be developed with the maximum number of
dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant
may increase the maximums by not more than 10%; and provided further that the
total dwelling units for the entire project shall not exceed 7800. The Director
shall be notified in accordance with Section 2.07 of such an increase and resulting
reduction in another tract so that the dwelling units will be balanced at 7800.
2.11 DEVELOPMENT SEQUENCE AND SCHEDULING
The applicant has not set "stages" for the development of the property. Since the
property is to be developed over an estimated 28 to 34 year time period, any
projection of project development can be no more than an estimate based on
current marketing studies. The estimate may of course, change depending upon
future economic factors. Exhibit "I" indicates, by year, the estimated absorption
of units (by unit type) and the approximate population of the project (assuming
full occupancy) for the estimated 28-34 year development period.
2.12 RECREATIONAL FACILITIES SCHEDULE
The applicant shall cause the following recreational facilities to be constructed
subject to obtaining all permits. The schedule for development of these facilities
relates to the issuance of building permits according to the following table. Non-
compliance with this schedule will result in withholding of additional permits
until compliance is achieved.
FACILITY OR SITE
Golf Course
Clubhouse*
Canoe Launch/Canoe Dock**
Boardwalk
Nature Trail
Neighborhood Parks**
Government Administration
Site/Community Park Site***
BUILDING PERMITS FOR NOT MORE:
400 Units 700 Units 1600 Units
9 holes 9 holes
x
x
X
X
*
Clubhouse for golf - 5,000 square feet minimum.
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** Neighborhood parks to be improved, dedicated and conveyed to
the Pelican Bay of Naples Foundation, Inc. pursuant to Section
12.05A below. Canoe launch/canoe dock is included as part of the
neighborhood parks.
*** Government administration site/community park site to be
improved, dedicated and conveyed to Collier County pursuant to
12.04B below.
2.13 AMENDMENT OF ORDINANCE
Both the County and developer, with knowledge that the long range development
plan permitted by the ordinance will not be complete for a period of 28 to 34
years, recognize that exceptions, variances, or amendments to this ordinance may
be necessary in the future. Obviously, there may be changes in planning
techniques, engineering techniques, transportation methods, and other factors that
would warrant this ordinance being amended to meet standards of the time. All
petitions or requests for exceptions, variances and amendments shall conform
with the procedures existing at the time of the application for the exception or
amendments.
2.14 TREE REMOVAL
All clearing, grading, earthwork, and site drainage work shall be performed in
accordance with the approved PUO site plan and all applicable codes. Prior to
any such removal, a site clearing plan must be submitted to the Director for
review and approval to insure that said removal shall be carried out under proper
FORESTRY MANAGEMENT PRINCIPALS. Protected trees shall be flagged,
clearly marked and/or fenced during periods of construction so as to eliminate or
minimize their damage.
2.15 DEFINITIONS
For the purposes of this Planned Unit Development Document:
(1) "Recreational Club" means an association established to specifically
provide for the conduct of leisure activities, sports activities, hobbies, or
games, as well as related activities including but not limited to food
service, alcoholic and non-alcoholic beverage sales, locker room and
shower facilities, workshops and meeting facilities which further the
enjoyment, entertainment, relaxation, and comfort of those persons which
the club is intended to serve.
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(2) "Hotel or Motel Unit" means a unit designed for transient occupancy and
utilized for rental to transients. A hotel or motel unit may have cooking or
eating facilities. A hotel or motel unit shall contain bathing and sanitary
facilities.
All other definitions shall be as contained in the Zoning Ordinance of
Collier County.
2.16 In addition to signage permitted under the provisions of the Pelican Bay Planned
Unit Development Document, project identification signage identifying the
Pelican Bay community and certain major uses (i.e., hotels, commercial areas,
public facilities, recreational facilities and areas) contained within the boundaries
of the Pelican Bay Planned Unit Development are permitted to be located at:
A. The intersection of U.S. 41 and Vanderbilt Beach Road, and
B. The intersection of U.S. 41 and Seagate Drive, and
C. Major roadway and street entrances to Pelican Bay from surrounding
roads:
1. Along U.S. 41: at no more than three (3) major entrances;
2. Along Seagate Drive: at no more than one (1) major entrance;
3. Along Vanderbilt Beach Road: at no more than one (1) major
entrance.
D. Sign Development Standards:
1. These signs replace any signage permitted by the Zoning
Ordinance at these locations.
2. The following locations are not included in the locations
referenced in C. above: The southeast comer of the intersection of
U.S. 41 and the southernmost part of Pelican Bay Boulevard;
Laurel Oak Drive and U.S. 41; the west side of the inter-section of
Seagate Drive and West Boulevard.
3. All such sign age shall be a principal permitted use in all land use
categories within the boundaries of the Pelican Bay Planned Unit
Development and shall not be deemed or considered to be off-site
slgnage.
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4. Project identification signage at the intersections referenced in A.
and B. above herein shall not exceed 250 square feet in the
aggregate per intersection, and project identification signage at the
entrance locations referenced in C. shall not exceed 100 square feet
in the aggregate per entrance. No individual sign shall have height
greater than twelve (12) feet.
5. No more than two (2) structures containing signage shall be
permitted at each such location, and major uses identified in
addition to the Pelican Bay community shall not exceed a total of
four (4) in number at each such location. No sign shall be located
greater than fifty (50) feet from any other project identification
signage at said locations.
6. Project identification signage at the locations referenced in A. and
B. above shall be located within an area defined by a triangle, two
sides of which shall be 100 feet along adjoining roadways.
7. Every effort shall be made to remove as little as possible of
protected plant species. All provisions of the Tree Removal
Ordinance (Ordinance 75-21 and any future amendments) shall be
met.
8. Should any of the signs be requested to be placed within public
right-of-way, a right-of-way permit must be applied for and
approved.
9. All signs shall be located so as not to cause sight distance
problems.
10. All signs shall require sign permits and other applicable permits
prior to construction and/or erection.
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SECTION In
UTILITY SERVICES TO PELICAN BAY
3.01 GENERAL
The Pelican Bay Improvement District was created by action of the Florida
Legislature in 1974. The specific law creating the district is Chapter 74-462 of
the Florida Statutes. The district is a political subdivision of the State of Florida
charged with the specific responsibility to design, finance, build, operate, and
maintain (1) sewerage system (2) potable water system (3) surface water
management and control system. The law provided for a Board of Supervisors of
the Pelican Bay Improvement District to carry out the duties delegated to it. The
law established the original five members of the Board of Supervisors as
appointed by the Collier County Commission. Those individuals will hold office
until there is an election among the qualified electors of the District to determine
membership on the Board of Supervisors.
The Board of Supervisors, in order to carry out the duties and responsibilities
assigned to it, was granted certain powers and authorities by the Legislature.
Specifically, the district, through the Board of Supervisors can enter into
contracts; borrow money; issue bonds; assess lands for special taxes; provide
special user assessments; own and acquire interests in land; employ professionals
and other necessary persons to carry out the duties; and, if necessary bring legal
actions. The Legislature of the State of Florida specifically expressed that the
purpose of the district was to "facilitate development" of utility services.
A copy of the Pelican Bay Improvement District Act, Chapter 74-462 of the
Florida Statutes, is attached hereto as Exhibit "H".
a) Water Supply and Treatment Facilities
The Pelican Bay Improvement District is charged with the responsibility
of providing a water system for the PELICAN BAY project.
b) Sewerage Treatment Facilities
The Pelican Bay Improvement District is charged with the responsibility
of providing a sewerage system for the PELICAN BAY project.
c) Water Management Control Facilities
The Pelican Bay Improvement District is charged with the responsibility
of providing water management and control.
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3.02 SOLID WASTE COLLECTION
Solid waste collection for the PELICAN BAY project will be handled by the
company holding the franchise for solid waste collection for the County.
3.03 ELECTRIC POWER SERVICE
Florida Power and Light Company will provide electric service to the entire
project.
3.04 TELEPHONE SERVICE
Telephone service will be supplied to the PELICAN BAY project by United
Telephone Company of Florida, or successor company or companies.
3.05 TELEVISION CABLE SERVICE
The PELICAN BAY project falls within the franchise areas of two television
cable companies. Those companies are the South Florida Cable Television
Corporation of Bonita Springs and the Radio Television Centre of Naples, or
successor companIes.
3.06 EASEMENTS FOR UNDERGROUND UTILITIES
On-Site utilities such as telephone, electric power, TV cable service, wastewater
collection, water distribution, etc. shall be installed underground. Except that
electrical feeder lines serving commercial and other high use areas, water
pumping stations, lift stations, transformer banks, etc. shall be permitted above
ground. Easements shall be provided for all utility purposes in areas that must be
cleared for utility construction, a special effort shall be made to protect the
maximum number of trees. Said easements and improvements shall be done in
accordance with the subdivision regulations.
17
SECTION IV
GROUP 1
4.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated
on Exhibit "C", Site Plan, and Table 1 as Group 1 parcels.
4.02 MAXIMUM DWELLING UNITS
A maximum number of 600 dwelling units may be constructed in all of the Group
1 parcels combined except as permitted by Section 2.10.
4.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Single-family detached dwellings.
2) Attached single-family units as combinations of up to and
including three (3) single-family attached units per structure.
3) Parks, playgrounds, playfields and commonly owned open space.
4) Water management facilities.
B. Permitted Principal Uses and Structures Requiring Site Plan Approval
1) Non-commercial boat launching facilities, and multiple docking
areas not to exceed one per dwelling unit.
2) Recreational clubs, golf courses, practice driving range and other
customary accessory uses related to golf courses, intended to serve
the surrounding residential area.
3) Churches, schools, and child care centers when accessory to the
church or school.
18
C. Permitted Accessory Uses and Structures
1) Private boat docks with or without boat hoists, on water front lots,
not protruding more than five (5) feet into the water, except if such
waterbody has a width one hundred (100) feet or more, the dock
may protrude not more than twenty (20) feet into such waterbody,
providing, however that no boat is used as a residence.
2) Customary accessory uses and structures, including private
garages.
3) Signs as permitted by the Zoning Ordinance of Collier County.
4) Model homes shall be permitted in conjunction with the promotion
of the development. Such model homes shall be permitted for a
period of two (2) years from the initial use as a model. The
Director may authorize the extension of such use upon written
request and justification.
4.04 REGULATIONS
4.04.01
4.04.02
4.04.03
4.04.04
GENERAL: All yards, set-backs, etc. shall be in relation to the
individual parcel boundaries.
MINIMUM LOT AREA: 10,000 square feet.
MINIMUM LOT WIDTH:
A. Comer Lots - Ninety-five (95) feet as measured at the front
yard setback line.
B. Interior Lots - Eighty (80) feet as measured at the front
yard setback line.
MINIMUM YARDS:
A. Front Yard - 30 feet
B. Side Yard - 7 1/2 feet one story, 10 feet for two stories.
C. Rear Yard - 25 feet except that for screen enclosures the
rear yard may be reduced to 15 feet.
19
4.04.05
4.04.06
4.04.07
4.04.08
D. All yards abutting a street shall be front yards. Four-sided
comer lots shall have two front and two side yards. Five or
more sided comer lots shall have two front, two sides and
remaining yards shall be rear yards, with the rear yards
being those farthest from the abutting streets.
REDUCTION OF MINIMUM LOT WIDTH, AREA AND
YARDS:
In the case of clustered buildings with common architectural
theme, the requirements of Sections 4.04.02, 4.04.03 and 4.04.04
may be less provided that a site plan is approved in accordance
with Section 2.05.
MINIMUM FLOOR AREA:
A. One story - 1,000 square feet.
B. Two story - 1,200 square feet.
OFF-STREET PARKING REQUIREMENTS:
One parking space shall be required for each dwelling unit and
such space shall be located within the building setback line. For
uses other than dwelling units, parking shall be provided in
accordance with the Zoning Ordinance of Collier County.
MAXIMUM HEIGHT:
Thirty (30) feet above finished grade of lot. Accessory buildings
limited to twenty (20) feet above finished grade of lot.
20
SECTION V
GROUP 2
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for areas designated on
Exhibit "C", Site Plan, and Table 1 as Group 2 parcels.
5.02 MAXIMUM DWELLING UNITS
A maximum number of 2314 dwelling units may be constructed in all of the
Group 2 parcels except as permitted by Section 2.10.
5.03 USES PERMITTED
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. Principal Uses:
1) Single family units are permitted as individual structures or as
combinations up to and including six (6) single family attached
units per structure. Such unit types as single family attached,
duplex, patio, cluster attached, cluster detached, villa attached,
villas detached and zero lot lines are permitted.
2) Multi-family residential units including garden apartments.
3) Parks, playgrounds, playfields and commonly owned open space.
4) Water management facilities.
B. Principal Uses Requiring Site Plan Approval:
1) Non-commercial boat launching facilities and multiple docking
areas.
2) Recreational clubs, golf courses, practice driving range and other
customary accessory uses related to golf courses, intended to serve
the surrounding residential area.
3) Churches, schools, child care center, and governmental
administration buildings.
21
4) Convalescent homes, rest homes, homes for the aged, adult foster
homes, children's homes, rehabilitation centers and licensed
skilled nursing facilities; each unit shall count as one-third (1/3) of
a dwelling unit in accounting for the dwelling units assigned in
5.02 above.
C. Permitted Accessory Uses and Structures:
1) Private boat docks with or without boat hoists, on waterfront lots,
not protruding more than five (5) feet into the water; except if such
waterbody has a width of one hundred (100) feet or more, the dock
may protrude not more than twenty (20) feet into such waterbody,
providing, however, that no boat is used as a residence.
2) Customary accessory uses and structures, inéluding private
garages.
3) Signs as permitted by the Zoning Ordinance of Collier County.
4) Model homes shall be permitted in conjunction with the promotion
of the development. Such model homes shall be permitted for a
period of two (2) years form the initial use as a model. The
Director may authorize the extension of such use upon written
request and justification.
5.04 REGULATIONS
5.04.01
MINIMUM LOT AREA: A minimum area of 2600 square feet per
dwelling unit shall be provided in some combination of individual
lots and contiguous common open space, excluding private and
public roads.
5.04.02
MINIMUM LOT WIDTH:
A. Minimum individual lot (envelope) width for each dwelling
unit related to a structure containing at least two (2), but not
more than six (6) dwelling units shall not be less than
twenty (20) feet measured between the side lot lines at the
required front setback.
B. Minimum individual lot width for a single detached unit
structure shall not be less than forty-five (45) feet measured
between the side lot lines at the required front setback line.
22
5.04.03
5.04.04
5.04.05
MINIMUM YARDS:
A. From tract boundary lines, right-of-way lines and/or the
edge of the gutter of a private road, twenty-five (25) feet.
B. Distance between structures:
1) Between any two principal structures there shall be
a combined minimum yard of 1/2 the sum of their
heights but not less than twenty (20) feet.
2) Between any two accessory uses there shall be a
combined minimum yard of twenty (20) feet.
C. In the case of clustered buildings with a common
architectural theme, these distances may be less, provided
that a site plan is approved in accordance with Section 2.05.
MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY
STRUCTURES:
A. Three (3) stores above the finished grade of lot.
In order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required
by the Flood Elevation Ordinance.
B. Accessory structures shall be no higher than twenty (20)
feet above the finished grade of the lot.
MINIMUM FLOOR AREA:
Those principal use structures which are identified in Section
5.03.A. shall be as follows: One (1) story structures shall not
contain less than eight hundred (800) square feet and two (2) story
structures shall not contain less than twelve hundred (1200) square
feet.
23
5.04.06
5.04.07
5.04.08
OFF-STREET PARKING:
Those principal use structures which are identified in Section
5.03.A. shall contain a minimum of two (2) spaces per dwelling
unit. The Director may permit a lesser number of parking spaces
to be paved when circumstances indicate infrequent use. However,
those unpaved spaces shall be grassed and reserved for future
paving. For uses other than dwelling units, parking shall be
provided in accordance with the Zoning Ordinance of Collier
County.
OFF-STREET PARKING LANDSCAPING:
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County.
REZONED NEIGHBORHOOD COMMERCIAL:
Additional stipulations in regard to those Group 2 lands rezoned
from Neighborhood Commercial are contained in Exhibit "N".
24
SECTION VI
GROUP 3
6.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated
on Exhibit "C", Site Plan and Table 1 as Group 3 parcels.
6.02 MAXIMUM DWELLING UNITS
A maximum number of 1686 dwelling units may be constructed in all of the
Group 3 parcels combined except as permitted by Section 2.10.
6.03 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or part, for other than the following:
A. Principal Uses:
1) Multi-family residential units including garden apartments.
2) Those uses permitted in Group 2 when developed in accordance
with Section 5.04.
3) Parks, playgrounds, playfields and commonly owned open space.
4) Water management facilities.
B. Principal Uses Requiring Site Plan Approval:
1) Non-commercial boat launching facilities and multiple docking
areas.
2) Recreational clubs, golf courses, practice driving range and other
customary accessory uses related to golf courses, intended to serve
the surrounding residential area.
3) Churches, schools, and child care centers.
4) Convalescent homes, rest homes, homes for the aged, adult foster
homes, children's homes, rehabilitation centers and licensed
skilled nursing facilities; each unit shall count as one-third (113) of
a dwelling unit in accounting f9r the dwelling units assigned in
6.02 above. .
25
--..._--"._--~,."..,...~
C. Permitted Accessory Uses and Structures:
1) Private boat docks with or without boat hoists, on waterfront lots,
not protruding more than five (5) feet into the water; except is such
waterbody has a width of one hundred (100) feet or more, the dock
may protrude not more than twenty (20) feet into such waterbody,
providing, however, that no boat is used as a residence.
2) Customary accessory uses and structures, including private
garages.
3) Signs as permitted by the Zoning Ordinance of Collier County.
4) Model homes shall be permitted in conjunction with the promotion
of the development. Such model homes shall be permitted for a
period of two (2) years from the initial use as a model. The
Director may authorize the extension of such use upon written
request and justification.
6.04 REGULATIONS
6.04.01
MINIMUM LOT AREA:
One (1) net acre.
6.04.02
MINIMUM LOT WIDTH:
150 feet as measured at the front yard setback line.
6.04.03
MINIMUM YARDS:
A. From tract boundary lines, right-of-way lines and/or from
the edge of the gutter of a private road, thirty-five (35) feet
or one-half (112) the height of the structures, whichever is
greater.
B. Distance Between Structures
1) Between any two principal structures - one-half
(112) the sum of their heights but not less than thirty
(30) feet.
2) Between any two accessory uses - one-half (112)
the sum of their heights but not less then twenty
(20) feet. .
26
6.04.04
6.04.05
6.04.06
6.04.07
C. In the case of clustered buildings with a common
architectural theme, these distances may be less, provided
that a site plan is approved in accordance with Section 2.05.
MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY
STRUCTURES:
A. Four (4) stories above the finished grade with option of
having one (1) floor of parking beneath the allowable four
(4) stories.
B. Accessory structures shall be limited to a maximum of
twenty (20) feet above finished grade of the lot.
MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES:
Those principal use structures which are identified in Section
6.03.A. shall contain a minimum of seven hundred and fifty (750)
gross square feet of living area per dwelling unit'within principal
structure.
OFF-STREET PARKING:
Those principal use structures which are identified in Section
6.03.A shall contain a minimum 1.5 parking spaces per dwelling
unit. The Director may permit a lessor number of parking spaces
to be paved when circumstances indicate infrequent use. However,
those unpaved spaces shall be grassed and reserved for future
paving. For uses other than dwelling units, parking shall be
provided in accordance with the Zoning Ordinance of Collier
County.
OFF-STREET PARKING LANDSCAPING:
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County.
27
SECTION VII
GROUP 4
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated
on Exhibit "C", Site Plan, and Table 1 as Group 4.
7.02 MAXIMUM DWELLING UNITS
A maximum number of 3200 dwelling units may be constructed in all of the
Group 4 parcels combined except as permitted by Section 2.10.
7.03 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or part, for other than the following:
A. Principal Uses:
1) Multi-family residential buildings.
2) Those uses permitted in Group 2 when developed in accordance
with Section 5.04.
3) Those uses permitted in Group 3 when developed in accordance
with Section 6.04.
4) Parks, playgrounds, playfields and commonly owned open space.
5) Water management facilities.
6) Existing non-commercial plant nursery.
Principal Uses Requiring Site Plan Approval:
1) Recreational clubs, golf courses, practice driving range and other
customary accessory uses related to golf courses, intended to serve
the surrounding residential area.
2) Churches, schools and child care centers.
3) Civic and cultural facilities.
28
4) Hotels and motels, except in those areas identified as "no hotels
permitted" on Exhibit ilL", maximum of 1336 units. Each hotel or
motel unit shall count as one-third (113) of a dwelling unit in
accounting for the dwelling units assigned in 7.02 above.
5) Private clubs intended to serve the residents of PELICAN BAY.
6) Convalescent homes, rest homes, homes for the aged, adult foster
homes, children's homes, rehabilitation centers and licensed skilled
nursing facilities; each unit shall count as one-third (1/3) of a
dwelling unit in accounting for the dwelling units assigned in 7.02
above.
B. Permitted Accessory Uses and Structures:
1) Private boat docks, with or without boat hoists, on waterfront lots,
not protruding more than five (5) feet into the water; except if such
waterbody has a width of one hundred (100) feet or more, the dock
may protrude not more than twenty (20) feet into such waterbody,
providing, however, that no boat is used as a residence.
2) Non-commercial boat launching facilities and multiple docking
areas.
3) Customary accessory uses and structures, including private
garages.
4) Signs as permitted by the Zoning Ordinance of Collier County.
5) Model dwelling units shall be permitted in conjunction with the
promotion of the development. Such model units shall be
permitted for a period of two (2) years from the initial use as a
model. The Director may authorize the extension of such use upon
written request and justification.
6) For a one (1) year period beginning with the effective approval
date of the August 21, 1990 amendments, tents shall be permitted
in conjunction with hotels or motels, providing the following
standards shall be met:
(a) The tent shall be on the same site as the hotel or
motel.
(b) Tents permitted under this section shall be used
only for meetings, banquets, and similar "event
type" social functions.
29
(c) Site plan approval shall be obtained in accordance
with Section 10.5 of the Zoning Ordinance.
(d) Tents shall be located so that they are not visible
from a public street. A landscape screen which has
the effect of totally blocking the view of said tent
from a public street shall be deemed acceptable.
( e) Where a tent is to be erected under this section so
that it could be viewed from an adjacent residential
area then said view vista shall be in accordance with
Section 8.37 b of the Zoning Ordinance and as a
function of a Section 10.5 review and approval.
(f) No tent erected under this section shall be located
closer than 100 feet to any public street and 200 feet
to any residentially zoned or used property.
(g) No noise transmission from said tent permitted
under this section shall exceed the specifications set
forth in the Collier County Noise Control Ordinance
90-17, as amended.
(h) Any existing tents will be removed at the owner's
expense prior to the expiration of the one (1) year
period defined in paragraph C( 6).
(i) The minimum size tent structure that may be
erected under this section is 3,000 square feet.
(j) Tent structures erected under this section shall pay
all applicable impact fees as prescribed by the
appropriate County ordinance at the time of an
approval of a final Site Development Plan as
provided by Subparagraph ( c ) above. Said impact
fees are non-refundable upon the removal of the tent
following the one year period of authorization,
however if building permits are issued for a
permanent building to replace said tent structure
within one year following the removal of the tent, a
credit against the impact fees and/or system
development charges payable for the permanent
building, up to the amount of the charges paid for
the tent shall be given.
30
(k) Tent erected from this section shall be clear-span
ITame structures and not traditional pole tents,
designed and engineered for long-term installation.
Tents shall be designed for wind loads of 70 mph
wind speed, exposure B, UBC 1985. Appropriate
specifications and technical information to
demonstrate compliance with these standards shall
be submitted with the application for site plan
reVIew.
7.04 REGULATIONS
7.04.01
7.04.02
7.04.03
MINIMUM LOT AREA:
One (1) net acre.
MINIMUM LOT WIDTH:
150 feet as measured at the front yard set back line.
MINIMUM YARDS:
A. From tract or development parcel lines, right-of-way lines
and/or the edge of the gutter of a private road, fifty (50)
feet or one-half (112) the height of the structure, whichever
is greater except that detached accessory structures shall be
set back twenty (20) feet or one-half (1/2) of the height,
whichever is greater.
B. Distance between structures -
1) Between any principal structures - one-half (112)
the sum of their heights but not less than fifty (50)
feet.
2) Between any two accessory uses - one-half (112)
the sum of their heights but not less than thirty (30)
feet.
C. In the case of clustered buildings with a common
architectural theme, these distances may be less provided
that a site plan is approved in accordance with Section 2.05.
31
7.04.04
7.04.05
7.04.06
7.04.07
MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY
STRUCTURES:
A. Principal structures: Two hundred (200) feet above finished
grade of the lot, except in those areas so identified on
Exhibit "M", there shall be a maximum height of five (5)
stories above one (1) floor of parking.
B. Accessory structures shall be limited to a maximum of
twenty- five (25) feet above finished grade of lot except for
roof top recreation facilities.
MINIMUM LNING AREA OF PRINCIPAL STRUCTURES:
A. Those principal use structures which are identified in
Section 7.03.A. shall contain a minimum of seven hundred
and fifty (750) gross square feet of living area per dwelling
unit within principal structure.
B. The minimum living area of any hotel or motel unit
permitted under Section 7.03.B shall be three hundred
(300) square feet. There shall be no maximum square
footage.
OFF -STREET PARKING:
Those principal use structures which are identified in Section
7.03.A shall contain a minimum of 1.5 parking spaces per dwelling
unit. The Director may permit a lesser number of parking spaces
to be paved when circumstances indicated infrequent use.
However, those unpaved spaces shall be grassed and reserved for
future paving. For uses other than dwelling units, parking shall be
provided in accordance with the Zoning Ordinance of Collier
County.
OFF-STREET PARKING LANDSCAPING:
Landscaping shall be provided as required by the Zoning
Ordinance of Collier County.
32
SECTION VIII
GOLF COURSE
8.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated
on Exhibit "C", Site Plan, as Golf Course.
8.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Golf Course
2) Golf Clubhouse
3) Tennis Courts
4) Tennis Clubhouses
5) Transient lodging facilities not to exceed 25 units.
6) Water management facilities.
B. Permitted Accessory Uses and Structures
1) Pro-shop, practice driving range and other customary accessory
uses of golf courses, tennis clubs or other recreational facilities.
2) Small commercial establishments, including gift shops, golf and
tennis equipment sales, restaurants, cocktail lounges, and similar
uses, intended to exclusively serve patrons of the golf course or
tennis club or other permitted recreational facilities, subject to the
provisions of the Zoning Ordinance of Collier County.
3) Shuffleboard courts, swimming pools, and other types of facilities
intended for recreation.
4) Signs as permitted in the Zoning Ordinance of Collier County.
5) Maintenance shops and equipment storage.
33
6) Non-Commercial Plant Nursery.
8.03 PLAN APPROVAL REQUIREMENTS
Plans for all principal and all accessory uses shall be submitted to the Director
who will review these plans and approve their construction. All construction shall
be in accordance with the approved plans and specifications. The perimeter
boundary of the overall golf course tract shall be recorded in the same manner as
a subdivision plat.
A. General Requirements:
1) Overall site design shall be harmonious in terms of landscaping,
enclosure of structures, location of access streets and parking areas
and location and treatment of buffer areas.
2) Buildings shall be set back a minimum of fifty (50) feet from
abutting residential districts and the set-back area shall be
landscaped and maintained to act as a buffer zone.
3) Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
4) A site plan shall be provided showing pertinent structure locations
and landscaping.
8.04 MAXIMUM HEIGHT
Thirty-five (35) feet above the finished grade of the lot within 150 feet of any
district restricted to thirty (30) feet or less in height, and forty-five (45) feet
elsewhere within the district.
8.05 MINIMUM OFF -STREET PARKING
As required by the Zoning Ordinance of Collier County.
8.06 OFF -STREET PARKING LANDSCAPING
Landscaping shall be provided as required by the Zoning Ordinance of Collier
County.
34
SECTION IX
COMMUNITY AND AREA COMMERCIAL
9.01 PURPOSE
The purpose of this Section is to set forth the plan and regulations for the areas
designated on Exhibit "C", Site Plan, as Community Commercial and Area
Commercial.
9.02 USES PERMITTED
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. Principal Uses
1) Antique shops
2) Appliance stores
3) Art studios
4) Art supply shops
5) Automobile parts store
6) Automobile service stations without repairs in accordance with the
applicable zoning regulations.
7) Awning shops
8) Bakery shops
9) Banks and financial institutions
1 0) Barber and beauty shops
11) Bath supply stores
12) Bicycle sales and services
13) Blueprint shops
14) Bookbinders
15) Book stores
16) Business machine service
1 7) Car wash
18) Carpet sales - not including storage or installation
19) Child care center subject to site plan approval
20) Churches and other places of worship subject to site plan approval
21) Clothing stores
22) Cocktail lounges
23) Commercial recreation uses
24) Commercial schools
25) Confectionery and candy stores
26) Delicatessens
27) Department Stores
35
t
28)
29)
30)
31)
32)
33)
34)
35)
36)
37)
38)
39)
40)
41)
42)
43)
44)
45)
46)
47)
48)
49)
50)
51)
52)
53)
54)
55)
56)
57)
58)
59)
60)
61)
62)
63)
64)
65)
66)
67)
68)
69)
70)
71)
72)
~"-",-,.-.;.~,._.._-_.,.~ ,..-
Drug stores
Dry cleaning shops
. Dry goods stores
Electrical supply stores
Florist shops
Fraternal and social clubs, alcoholic beverages subject to
provisions of the Zoning Ordinance.
Funeral home
Furniture stores
Furrier shops
Garden supply stores - outside display in rear
General offices
Gift shops
Glass and mirror sales - not including installation
Gourmet shop
Hardware stores
Hat cleaning and blocking
Health food stores
Hobby supply stores
Hospitals
Hotels
Ice cream stores
Interior decorating showrooms and offices
Jewelry stores
Laboratories - film, research and testing
Laundries, self-service only
Leather goods
Legitimate theaters
Liquor stores
Locksmith
Market, food
Market, meat
Medical clinics
Millinery Shops
Motels
Motion picture theaters not including drive-ins
Museums
Music stores
New car dealerships - outside display permitted
News stores
Office supply stores
Paint and wallpaper stores
Pet shops
Pet supply shops
Photographic equipment stores
Pottery stores
36
73) Printing, publishing and mimeograph service
74) Private club, alcoholic beverages subject to the provisions of the
Zoning Ordinance
75), Professional offices
76) Radio and television sales and service
77) Research and design labs
78) Residential dwelling units in accordance with Section 7.04 and
requiring Site Plan approval, provided that the total number of
dwelling units within the PELICAN BAY project area does not
exceed 7,800 dwelling units.
79) Rest homes and sanatoriums
80) Restaurants, not including drive-ins
81) Shoe repair
82) Shoe stores
83) Shopping centers
84) Souvenir stores
85) Stationery stores
86) Supermarkets
87) Tailor shops
88) Taxidermists
89) Tile sales - ceramic tile
90) Tobacco shops
91) Toy shops
92) Tropical fish stores
93) Variety stores
94) Vehicle rental- automobiles only
95) Veterinarian offices and clinics - no outside kenneling
96) Watch and precision instrument repair shops
97) Drapery shops
98) Upholstery shops
99) Bait and tackle shops
100) Fire stations
101) Water management facilities.
102) Parks, playgrounds, playfields and commonly owned open space.
103) Government administration facilities such as a fire station, library,
sheriffs substation, branch courthouse offices, auditorium, etc.
104) Any other commercial use or professional service which is
comparable in nature with the foregoing uses and which the
Director determines to be compatible in the district.
B. Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily associated with the uses
permitted in this district.
2) Signs as permitted by the Zoning 'Ordinance.
37
~....~._- ,_...-----",---
9.03 MINIMUM LOT AREA
None
9.04 MINIMUM LOT WIDTH
None
9.05 MINIMUM YARD REQUIREMENTS
Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each
two (2) feet of building height above fifty (50) feet from all parcel boundaries
except that buildings shall be permitted over-water in the lake areas, subject to
Site Plan approval in accordance with Section 2.05.
9.06 BUILDING SEPARATION
All buildings shall be separated fifty (50) feet or Y2 the sum of their heights
whichever is greater except that in the case of clustered buildings with a common
architectural theme these distances may be less provided that a site plan is
approved in accordance with Section 2.05.
9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE
A. 1000 square feet per building on the ground floor except that free standing
specialty structures of nationally recognized standard size less than 1000
square feet shall be permitted when site plan approval has been received.
B. The minimum living area of any hotel or motel unit permitted under
Section 10.02 A. (47) and (61) shall be three hundred (300) square feet.
There shall be no maximum square footage.
9.08 MAXIMUM HEIGHT
One hundred (100) feet.
9.09 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING
REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
38
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9.10 MINIMUM LANDSCAPING
As required by the Zoning Ordinance of Collier County. Also, a landscape buffer
area along West Boulevard in accordance with Section 8.37 of the Zoning
Ordinance will be required in order to buffer the visual impacts of the retail
shopping center in the Area Commercial District.
9.11 LIMITATION ON SIGNS
As permitted by the Zoning Ordinance of Collier County. Also, appropriate
directional signage as permitted in the Zoning Ordinance directing traffic out of
the retail shopping center in the Area Commercial District will be installed.
9.12 MERCHANDISE STORAGE AND DISPLAY
Unless specifically permitted for a given use, outside storage or display of
merchandise is prohibited unless screened from view to a height of six (6) feet
above ground level.
9.13 SITE PLAN APPROVAL
Site plan approval in accordance with Section 10.5 of the Zoning Ordinance of
Collier County is required for all buildings and structures. A copy of any written
request for site plan approval submitted to the Director in accordance with Section
10.5 shall be provided by Westinghouse Communities of Naples, Inc. to the
Pelican Bay Property Owners Association, Inc.
9.14 MAXIMUM COMMERCIAL SQUARE FOOTAGE
There shall be a total authorized maximum of 1,095,000 square feet of
commercial gross building area, consisting of a maximum of 51 0,000 square feet
of gross building area for retail space and a maximum of 585,000 square feet of
gross building area for office space, but in no event shall the combined total
exceed 1,095,000 square feet of commercial gross building area. A maximum of
761,400 square feet of commercial building area (containing a maximum of
391,400 square feet of office and 370,000 square feet of retail) shall be
constructed in the Area (South) Commercial District. A maximum of 333,600
square feet of commercial gross building area (consisting of 193,600 square feet
of office and 140,000 square feet of retail shall be constructed in the Community
(North) Commercial District.
39
_...~--
9.15 WATERSIDE SHOPS AT PELICAN BAY'S OWNERSHIP REMAINING
DEVELOPMENT RIGHTS FOR APPROVED OFFICE USE WITHIN THE
COMMUNITY COMMERCIAL DISTRICT
As of the date of approval of the 2004 Amendment to the Pelican Bay PUO, a
maximum of 41,576 square feet (gross building area) of approved development
rights for commercial office use remains unbuilt and uncommitted within the
Community (North) Commercial District. These development rights for office
use are owned by Waterside Shops at Pelican Bay Trust, its successors, or assigns,
only following Waterside Shop's purchase from WCI Communities, Inc. of all the
remaining approved development rights for commercial use located within the
Community Commercial District.
9.16 ADDITIONAL STIPULATIONS FOR COMMUNTY COMMERCIAL
Additional stipulations in regard to the Community Commercial parcel are
contained in Exhibit "Nil.
40
SECTION X
CONSERVATION AREA
10.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated
on Exhibit "C", Site Plan, as Conservation Area.
10.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or land or water
used, in whole or in part, for other than the following:
A. Principal Uses Requiring Site Plan Approval:
1) Nature trails including boardwalks
2) Boat trails
3) Boat docks (non-commercial boat launch facilities only - no
permanent docking)
4) Paths and bridges to provide access from the uplands to the beach
for pedestrians and minor maintenance equipment
5) Beach sun shelters
6) A marine research laboratory
7) Recreational clubs and other activities for recreation, conservation,
and preservation when approved by the Director
8) Water Management Facilities
B. Permitted Accessory Uses and Structures:
1) Accessory uses and structures customarily associated with the uses
permitted in this district
2) Signs as permitted in the Zoning Ordinance
41
10.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE
A. Approximately 36 acres of the Conservation Area lying south of Clam
Pass and west of Outer Clam Bay shall be conveyed to Collier County for
public beach use and maintenance in accordance with Section 2.03.
B. The Pelican Bay Improvement District, a non-profit property owner's
association or other entity will be granted the authority and responsibility
for enforcing the applicable covenants, in accordance with Section 2.03
governing the approximately 129 acres of beachfront and other uplands,
277 acres of water area, and 129 acres of wetlands. This entity will be
responsible for planning, control, supervision and maintenance of this
area.
42
SECTION XI
UTILITY AREA
11.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated
on Exhibit "C", Site Plan, as Utility Area.
11.02 PERMITTED USES AND STRUCTURES
No Building or structure, or part thereof, shall be erected, altered, or used, or land
or water used, in whole or in part, for other than the following:
A. Principal Uses:
1) Potable water treatment and distribution facilities
2) Sanitary waste water collection treatment and disposal facilities
3) Utility services equipment, storage and maintenance
4) Utility services offices
5) Lawn or golf course maintenance shops and equipment storage
6) Any other use associated with maintenance or utility services when
approved by the Director
7) Water management facilities
B. Permitted Accessory Uses and Structures:
1) Accessory uses and structures customarily associated with the uses
permitted in this district.
2) Signs as permitted in the Zoning Ordinance.
11.03 MINIMUM YARD REQUIREMENTS
None
43
._.-.~.".._._..,_.._~
11.04 MAXIMUM HEIGHT
None
11.05 MINIMUM FLOOR AREA
None
--_'__'~-'--"_-~-,-"_..,_....,,.__._-_._-
44
SECTION XII
DEVELOPMENT COMMITMENTS
12.01 ENVIRONMENTAL AND NATURAL RESOURCES
A. Air Quality
The applicant for a construction permit for the construction of any facility
that qualifies for complex air source permits under Chapter 17-2, Florida
Administrative Code, shall obtain all necessary complex air source permits
prior to the issuance by Collier County of construction permits for such a
facility.
B. Natural Resources
1) Prior to filling the approximately 98 acres of wetlands, located in
the northwest section of Group 4 properties, the applicant shall:
a. Convey approximately 36 acres (containing approximately
% of a mile of beach front) to Collier County, Florida, for a
public beach; and set aside by filing covenants,
approximately 530 acres (containing approximately 1-114
miles of beachfront) restricting in perpetuity this property
for recreation, conservation and preservation purposes; and
b. Obtain all necessary permits ITom county, state and federal
agencies, including, but not limited to, giving reasonable
assurance that the fill activity, development, and drainage
system will not result in violation of the applicable
provisions of Chapter 17-3, Florida Administrative Code.
Further, Collier County and the South Florida Water
Management District (SFWMD) shall be assured that
negative water quality impacts to Inner and Upper Clam
Bay will not result from the fill/destruction and
development of the area presently occupied by 98 acres of
mangrove forest; and,
c. Preserve the existing red mangrove ftinge around all
significant water bodies; and,
d. Stake the precise interface of the red mangrove ftinge prior
to commencement of construction activities; and,
e. Limit the filling activities' to approximately 98 acres; and,
45
f. Covenant the Conservation Area for preservation,
conservation and limited recreational uses; and,
g. Insure that filling activities shall not take place in
significant stands of red mangroves and shall not eliminate
significant existing tidal creeks; and,
h. Insure that no alteration or filling shall be conducted below
the two foot contour in this area before all approvals for
such construction are received.
2) The provisions of Section 2.03, GULF-FRONT LAND, are a part
of this section.
c. Water Resources
1) Potable water supply
Prior to the issuance of any construction permits by Collier
County, the Pelican Bay Improvement District (PBID) shall
demonstrate to the Environmental Advisory Council, Water
Management Advisory Board, Coastal Area Planning Commission
and Board of County Commissioners of Collier County and the
South Florida Water Management District (SFWMD) that the
Floridian Aquifer, in this area, has sufficient capacity to meet the
water supply requirements of the proposed project's ultimate
population, and that this water withdrawal and reject water
disposal will not adversely impact area-wide water quantity or
quality. Reject water from the reverse osmosis process shall not
enter the upland surface water storage areas.
2) Non-Potable Water Supply
a. Prior to the issuance of construction permits by Collier
County, the applicant or Pelican Bay Improvement District
shall satisfactorily demonstrate to the Environmental
Advisory Council, Water Management Advisory Board,
Coastal Area Planning Commission and Board of County
Commissioners of Collier County and the South Florida
Water Management District (SFWMD) that the proposed
project's water withdrawal for golf course irrigation will
not subject shallow aquifer resources to salt-water intrusion
and will not adversely impact area-wide water quantity or
quality. .
46
---'--'---..' ,
b. During the wet season, June 1 to October 31, irrigation
shall be permitted by withdrawal of water ITom lakes to a
minimum level to be established by the Water Management
Advisory Board.
c. When the Coastal Ridge Aquifer is no longer over-stressed,
the applicant shall be allowed to apply for a well permit for
year round use of water ITom the shallow aquifer. The
condition of the shallow aquifer shall be determined by the
Big Cypress Basin Board, the South Florida Water
Management District and the Water Management Advisory
Board.
d. Existing permitted wells within PELICAN BAY shall be
excluded ITom the provisions of 13.1.C.2.(a), (b) and (c)
above.
D. Drainage Considerations
1) Upland areas
a. Prior to the preparation of the final plans, the Water
Management Plan prepared by the Pelican Bay
Improvement District shall be submitted to and approved
by the Water Management Advisory Board. The Pelican
Bay Improvement District shall provide necessary detailed
drainage plans, studies and specifications to the
Environmental Advisory Council, Water Management
Advisory Board, Coastal Area Planning Commission and
Board of County Commissioners of Collier County and the
South Florida Water Management District for approval
prior to the issuance of construction permits by Collier
County.
b. Until such time as the tidal average 100-year flood
elevations are established by HUD, the minimum building
floor elevation shall be 10 feet above mean sea level.
2) Northwest fill area
The Pelican Bay Improvement District shall provide necessary
detailed drainage plans, studies and specifications to the
Environmental Advisory Council, Water Management Advisory
Board, Coastal Area Planning Commission and Board of County
Commissioners of Collier County and the South Florida Water
47
Management District for approval prior to the issuance of any
permits by Collier County. Further, the County and the South
Florida Water Management District shall be assured that negative
water quality impacts to Inner and Upper Clam Bay will not result
ITom the fill/destruction and development of the area presently
occupied by 98 acres of mangrove forest.
12.02 PUBLIC FACILITIES
A. Sewage Treatment Facilities
The Pelican Bay Improvement District (PBID), created through a special
act of the Florida Legislature in 1974, shall provide sewage treatment
facilities for the proposed project. The Pelican Bay Improvement District
shall provide necessary detailed plans, studies and specifications to the
Environmental Advisory Council, Water Management Advisory Board,
Coastal Area Planning Commission and Board of County Commissioners
of Collier County and the Department of Environmental Regulations
(DER) for approval prior to the issuance of permits.
B. Water Treatment Facilities
Water treatment facilities shall be proved by the Pelican Bay Improvement
District (PBID). The Pelican Bay Improvement District shall provide
necessary detailed plans, studies and specifications to the Environmental
Advisory Council, Water Management Advisory Board, Coastal Area
Planning Commission and Board of County Commissioners of Collier
County and the Department of Environmental Regulation for approval
prior to the issuance of permits.
12.03 TRANSPORTATION
A. Internal
The internal roadway system of the proposed project, including signals
and other intersection improvements shall be constructed by the applicant
as indicated on Exhibits "J" and "K". Phasing and/or bonding for the
ultimate improvements shall be done in accordance with the Subdivision
Regulations.
B. External
The applicant shall improve Seagate Drive ITom its current two-lane
design to a four-lane roadway between U.S. 41 and the most westerly
constructed intersection of the PELICAN BAY street with Seagate Drive.
The responsibility of the applicant for' four-Ianing Seagate Drive shall
48
continue until the release of the last existing internal improvement bond
for the project. The applicant shall also pay his proportionate share of the
costs for the necessary intersection improvements and signalizations along
Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with
the Subdivision Regulations.
C. Additional Right-of-Way
Seventeen and one-half (17 ~) feet of additional right-of-way for Seagate
Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay.
This right-of-way will be included in the buffer strip until such time as it is
required for roadway expansion. At that time, the applicant shall dedicate
the additional right-of-way.
D. Golf Cart/Road "E" Intersection
A grade separation shall be provided to separate the golf cart traffic from
vehicular traffic where they conflict at Roadway "E".
E. Access to Surrounding Roads
Access to the surrounding major roads shall be limited to those access
points shown on Exhibit "J" except as otherwise approved by the Coastal
Area Planning Commission.
F. Connections to Seagate
Rights-of-way for the extension of West Boulevard and Crayton Road into
Pelican Bay shall be dedicated as part of platting. However, the
construction of the Crayton Road connection shall not be authorized until
a public hearing is held with due public notice to receive input from
surrounding property owners.
G. Landscaped Buffer Strip
A landscaped buffer strip, a mInImum of 100 feet in depth, shall be
designated along the residential areas adjacent to U.S. 41, Seagate Drive
and Vanderbilt Beach Road.
H. Construction of Additional Turn Lanes On US 41 and on Seagate at the
US 41/Pine Ridge Road intersection.
(1) Prior to obtaining a certificate of occupancy for any of the expansion
of retail use within the Waterside Shops at Pelican Bay Trust's
property (hereinafter "Waterside Shops"), as approved in and by the
September 2004 Amendments to the Pelican Bay PUD/DRI,
Waterside Shops, or its agent, shall commence construction of one
49
..,~~._-_.......
additional northbound left turn lane located on U.S. 41 at Seagate
Drive and one additional eastbound left turn lane on Seagate at US 41
(hereinafter "Turn Lanes"). In the alternative, and at the County's
,option, Waterside Shops shall pay to the County the amount specified
in subparagraph (3) below and the County shall be responsible for
construction of the Turn Lanes.
(2) The cost of construction of the Turn Lanes shall be paid by Waterside
Shops and the Turn Lanes shall be constructed by Waterside Shops in
accordance with Collier County/Florida DOT specifications. This
requirement shall become applicable and effective after the Collier
County Transportation Division (hereinafter "CCDOT") and Florida
DOT determines that the Turn Lanes are needed and feasible at this
location.
(3) At least sixty (60) days prior to Waterside Shops filing an application
for a building permit to construct any of the expansion of its
commercial use approved by the County in September 2004,
Waterside Shops shall submit a written request to the Administrator
of CCDOT for a determination of whether the CCDOT intends to
assume all responsibility for construction of the Turn Lanes. Within
35 days from receipt of the Waterside Shops' request, the
Administrator of CCDOT shall respond in writing to advise whether
Waterside Shops shall proceed to construct and pay for the Turn
Lanes, or in the alternative, that Waterside Shops shall pay to the
County all of the agreed estimated construction costs of the Turn
Lanes, in the total amount of $303,542, in lieu of Waterside Shops
having any further responsibility or obligation regarding the Turn
Lanes. If either of the turn lanes is constructed separately, the cost for
both shall be paid as follows; the northbound US 41 left turn lane is
estimated to be $131,207 and the eastbound Seagate left turn lane is
estimated to be $201, 008.
(4) In the event that Waterside Shops is not responsible for construction
of the Turn Lanes, Waterside Shops shall pay the amount specified in
subparagraph (3) above to the County prior to receipt of a building
permit for any expansion of its commercial uses approved by the
County in the September, 2004 Pelican Bay PUD/DRI amendments.
(5) In the event that Waterside Shops is responsible for construction of
the Turn Lanes, Waterside Shops, or its agent, shall submit a
construction permit application to the County for the Turn Lanes,
consistent with Collier CountyiFDOT regulations, including any
required engineering plans and specifications. Waterside Shops shall
submit its application to construct the Turn Lanes at least thirty (30)
days prior to obtaining a building permit for any expansion of
commercial use approved in the Pelican Bay PUD/DRI amendments,
50
and shall proceed with the construction and completion of the Turn
Lanes in a timely manner.
I. Traffic Calming Study: Waterside Shops has agreed with the City of Naples to
fund, in an amount up to $8500, a street classification and traffic calming
study by the City on streets south of Seagate Drive. The City's traffic calming
study shall be completed prior to the Waterside Shops filing an application
with the County for site development plan approval for any of the additional
commercial square footage approved by the County's Pelican Bay PUD
Amendments on September 21,2004.
J. SCOOT: Waterside Shops has agreed to participate in the cost of
implementing SCOOT, an adaptive signal system, that responds automatically
to changing traffic conditions. The Waterside shops will participate in the cost
of installation of this system at the signalized intersections of Pine Ridge Road
and US-41; Pine Ridge Road and Goodlette-Frank Road; and Seagate Drive
and West Boulevard.
12.04 PUBLIC SERVICES
A. Education
Forty-five acres located in the vicinity of the community commercial
parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the
Collier County School Board for use as a 25 acre middle school site and a
20 acre elementary school site.
The 45 acres will be sold to the School Board at 50% of the January 1,
1977, appraised value plus 6% per year appreciation for each year after
1977. This offer will continue until January 1, 1990. After January 1,
1990, the applicant shall be permitted to develop as residential areas all
parts of the 45 acres not purchased by the School Board.
B. Government Administration Site/Community Park Site
To the extent not previously dedicated and conveyed, approximately
twenty (20) acres located in the vicinity of the Community Commercial
parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated and
conveyed to Collier County immediately upon the completion of the
community park improvements described below. The major portion of
this area is intended to serve as a community park with the minor portion
to be used for such things as fire station, library, sheriffs substation,
branch courthouse offices, auditorium, etc. Non-administrative uses such
as open storage equipment yards and other non-compatible government
functions shall not be permitted within'this site. The applicant shall be
given the opportunity to review the arèhitectural plans for any facilities
planned for this area prior to their construction.
51
Within the community park, the developer will, at its expense, provide the
following improvements:
· Eight (8) Har- Tru or hard-surface (as the County shall elect) regulation
tennis courts (unlighted).
· One (1) regulation combination soccer/softball field (unlighted).
· One (1) regulation basketball court (unlighted).
· One (1) regulation volley ball court (unlighted).
· Four (4) regulation racquetball courts (unlighted).
· One (1) community park-sized shelter containing one (1) male
restroom and one (1) female restroom.
· Parking lots at County-approved access points within the park that
contain approximately 57 parking spaces, which meet state and county
standards for handicapped and other requirements (unlighted).
For purposes of this section use of the words "as existing", "lighted" and
"unlighted" is for the sole purpose of describing the capital improvement
obligation of the Westinghouse Communities of Naples, Inc., and is not to
be construed as a limitation on improvements for each of the capital
improvements described above.
The community park improvements shall be completed by June 30, 1994,
unless completion is delayed because of circumstance beyond applicant's
reasonable control, in which event, the community park improvements
shall be completed as soon as reasonably possible thereafter.
C. Fire Protection
1) To Assure Adequate Fire Flow:
The applicant shall provide for the strategic placement of fire
hydrants as required by the Collier County Subdivision
Regulations. Automatic sprinkler systems, water pumps, storage
and pressure tanks shall be provided as required by county and
state laws.
2) To Assure Adequate Fire Protection Services:
A site for a fire station is included within the Governmental
Facilities area identified in 13.4.B above.
12.05 RECREATION AEAS
A. Neighborhood Parks
52
As more particularly described below, land for neighborhood parks,
together with certain neighborhood park facilities will be dedicated and
conveyed to the Pelican Bay of Naples Foundation, Inc. as neighborhood
parks for exclusive use by the residents of Pelican Bay on or before June
30, 1994. The applicant shall install and construct, at its expense, certain
improvements within the neighborhood parks. The location and size of
the neighborhood parks and description of the existing improvements and
the improvements to be constructed within such parks are listed below:
1) The Commons (9.56 acres):
Administration building (as existing)
Eight (8) Har- Tru tennis courts (as existing)
Two (2) hard-surface tennis courts (as existing)
Tram turnaround (as existing)
Tennis building/shelters (as existing)
Parking for 195 cars (as existing)
One (1) tot lot (as existing)
Two (2) regulation horseshoe pits (unlighted)
Two (2) regulation shuffle board courts (unlighted)
2) South Beach Facility and Boardwalk (3.43 acres):
Two (2) restaurants (as existing)
Pavilion (as existing)
Parking for 130 cars (as existing)
Two (2) Tram shelters (as existing)
3) Ridgewood Park (3.73 acres):
Exercise trail (as existing)
Picnic facilities (unlighted)
One (1) tot lot (unlighted)
Parking for six (6) cars (unlighted)
4) Oakmont Park (9.62 acres):
Exercise/nature trail (as existing)
Tot lot (as existing).
5) North Station Park (4.7 acres):
Tram storage/shelter building (18' x 34')
Parking for 50 cars (unlighted)
6) Hammock Oak Park (7.97 acres):
Eight (8) Har- Tru regulation tennis courts (lighted).
Two (2) regulation horseshoe pits (lighted)
Two (2) regulation shuffle board courts (lighted)
Tennis building with office and'storage space and one (1) male
restroom and one (1) female restroom (approximately 20' x 30')
53
Parking for 24 cars (lighted)
For purposes of this section use of the words "as existing",
"lighted" and "unlighted" is for the sole purpose of describing the
capital improvement obligation of the Westinghouse Communities
of Naples, Inc., and is not to be construed as a limitation on
improvements for each of the capital improvements described
above.
The neighborhood park improvements shall be completed not later
than June 30, 1994, unless such completion is delayed because of
circumstance beyond applicant's reasonable control, in which
event, the neighborhood park improvements shall be completed as
soon as reasonably possible thereafter. To the extent not previously
dedicated and conveyed, the lands for the neighborhood parks shall
be dedicated and conveyed to the Pelican Bay of Naples
Foundation, Inc. immediately upon completion of the
neighborhood park improvements.
B. Community Parks
Twenty (20) acres as described in Section B.4.B. above is available for
use as a Community Park. This property is located adjacent to the school
sites so that maximum utilization can be achieved.
C. Gulf- front Land
Thirty-six (36) acres of Gulf-front land plus two (2) acres for upland
parking shall be made available as described in Section 2.03 for public
ownership.
D. Beach Access
Approximately five (5) acres located at the northwest comer of Pelican
Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico shall be
developed into approximately 120 parking spaces and then conveyed to
Collier County after obtaining necessary permits.
PELICAN BAY PUD 9-27-04.DOC
54
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 and correct
copy of:
ORDINANCE 2004-59
Which was adopted by the Board of County Commissioners
on the 21st day of September 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of September, 2004.
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