Ordinance 2007-05
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ORDINANCE NO. 07- 05
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, AS AMENDED, WIDCH
INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
THE CLUB ESTATES PUD TO LELY AREA
STORMW A TER IMPROVEMENT PROJECT (LASIP)
CONSERV ATION AREA COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT (CFPUD). THE
SITE IS FOR PRESERVE, WATER MANAGEMENT
AND PASSIVE RECREATIONAL USES FOR
PROPERTY LOCATED ON THE WEST SIDE OF
COLLIER BOULEVARD (951), SOUTH OF CLUB
ESTATES DRIVE AND NORTH OF NAPLES LAKES
COUNTRY CLUB, IN SECTION 15, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 99.3 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 99-31,
THE FORMER CLUB ESTATES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the
Collier County Transportation Division, 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, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 15,
Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates
PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD),
in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
described in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, as amended, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-31, known as The Club Estates PUD, adopted on May 11, 1999,
by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
Page 1 of 2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, on this a....:i day of :S-ItA', ',A ~ ' 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
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APW9Y~4~~i;ro form and
legal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
JAMES COLETTA, CHAIRMAN
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Marjo e M. Student-Stirling
Assistant County Attorney
PUDZ-A-2006-AR-9021IMZ
Page 20f2
Th.s ordinance filed wfth the
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Oep Iotrle'
LASIP CONSERVATION AREA
A
COMMUNITY FACILITIES
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP
CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
PREPARED BY:
AGNOU, BARBER & BRUNDAGE, INC.
7400 NORTH TAMIAMI TRAIL
NAPLES, FL 34108
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC 1-23-2007
ORDINANCE NUMBER 2007-05
AMENDMENTS AND REPEAL 99-31
EXHIBIT "A"
T ABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE
SECTION 1
SECTION 2
SECTION 3
SECTION 4
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
CONSERVATION AREA
DEVELOPMENT COMMITMENTS
PAGE
11
111
1- 1
2-1
3 - 1
4 - 1
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan
EXHIBIT "B" Location Map
EXHIBIT "C" Boundary Survey
11
ST A TE:MENT OF COMPLIANCE
The use of approximately 99.3 acres of property in Collier County, as a
Community Facilities Planned Unit Development (CFPUD) to be known as
the LASIP Conservation Area CFPUD will be in compliance with the goals,
objecti ves and policies of Collier County as set forth in the Growth
Management Plan (GMP). The uses of The LASIP Conservation Area
CFPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
1. The subject property is within the Conservation Designation as
identified on the Future Land Use Map (FLUM) as required in Objective
1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE).
2. The subject property will place no demands upon public facilities and
will add to the public infrastructure, per Objective 2 of the FLUE.
3. The project development is compatible and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the FLUE.
5. The project development is planned to incorporate natural systems for
water management in accordance with their natural functions and
capabilities as required by Objective 1.5 of the Drainage Sub-Element of
the Public Facilities Element.
iii
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 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 the LASIP
Conservation Area CFPUD.
1.2 LEGAL DESCRIPTION
The subject property, being 99.3 acres, is described as:
Commencing at the northeast corner of Section 15, T50S, R26E, Collier
County, Florida; thence along the North line of said Section 15,
S87037'14"W 100.16 feet to the West right-of-way line of CR-951 for a
PLACE OF BEGINNING; thence along said West of right-of-way line
SOoo51'53"W 892.87 feet; thence S87043'59"W 4870.63 feet to the
West line of said Section 15; thence along said West Section line
NOoo15'23"W 882.49 feet to the Northwest corner of said Section 15;
thence N87037'14"E 4888.46 feet to the place of beginning, containing
99.3 acres more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Collier County,
a political subdivision of the State of Florida, 3301 Tamiami Trail East,
Naples, FL 34112-3969
1-1
SECTION II
PROJECT DEVELOP:MENT REQUIRE:MENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the
respective land uses of the tracts included in the project, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the LASIP Conservation Area
CFPUD shall be in accordance with the contents of this
Document, PUD-Planned Unit Development District and other
applicable sections and parts of the illC and GMP in effect at the
time of building permit application. Where these regulations fail
to provide developmental standards then the provisions of the
most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the
same as the definitions set forth in the LDC in effect at the time of
building permit application.
C. All conditions imposed and all graphic material presented
depicting restrictions for the development of the LASIP
Conservation Area CFPUD shall become part of the regulations
that govern the manner in which the CFPUD site may be used.
D. Unless modified, waived or excepted by this CFPUD, other
provisions of the illC, where applicable, remain in full force and
effect with respect to the use of the land which comprises this
CFPUD.
E. Uses permitted by the approval of this petition will be subject to a
concurrency review for adequate public facilities.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, is illustrated graphically by Exhibit
2-1
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"A", PUD Master Plan. There shall be one land use tract, the general
configuration of which is also illustrated by Exhibit "A"
TRACT "C"
TYPE
Conservation
ACREAGE
99.3 ACRES
2-2
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SECTION III
CONSERVATION AREA
3.1 PURPOSE
The purpose of this Section is to restore, protect, and preserve the native
vegetative communities and wildlife habitat; and to allow passive enjoyment
by the citizens of and visitors to Collier County.
3.2 PERMITTED USES
As stated in the Conservation Designation of the FLUE of the GMP, passive
recreational uses are permitted. The future land use designation of this
CFPUD is Conservation.
A. Principal Uses:
1. Restoration, protection and preservation of native vegetative
communities and wildlife habitat.
2. Stormwater management.
B. Accessory Uses:
1. Passive recreational uses, subject to the issuance of permits by the
South Florida Water Management District and the US Army Corps of
Engineers, and limited to the following:
i. Nature Trail - A trail at grade, set back a minimum of 50 feet from
the north, south and west property lines.
ii. Observation Deck - A maximum of 400 square feet in area.
iii. Signage - One entrance sign: a minimum of 2 feet by 3 feet in size;
interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum
of 3 feet by 4 feet in size.
iv. Parking Areas - Five parking spaces, each measuring 12 feet by 20
feet, including one handicap space; constructed of crushed shell,
geotextile pervious fabric or a combination thereof; bicycle rack and
trash cans.
v. One Picnic Pavilion - A maximum of 400 square feet in area with
one picnic table, 6 feet in length.
C. Other uses deemed comparable with the foregoing uses and compatible
with surrounding properties as determined by the Board of Zoning
Appeals pursuant to the process set forth in the LDC.
\
3-1
SECTION IV
DEVELOPMENTCO~TMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the use of the project.
4.2. GENERAL
All facilities shall be constructed in strict accordance with final site
development plans, final subdivision plats and all applicable State and
local laws, codes, and regulations applicable to this CFPUD in effect at
the time the development order permit is sought to which the regulations
relate. The applicant, its successor and assigns shall be responsible for
the commitments outlined in this Document.
The applicant, its successor or assigns shall be bound by the Master Plan
and the regulations of the CFPUD as adopted, and any other conditions
or modifications as may be agreed to in the rezoning of the property.
4.3 ENVIRONMENTAL
An environmental impact statement, in accordance with the
requirements of the LDC, shall be submitted at the time site
improvements are proposed.
4.4 TRANSPORTATION
The applicant shall provide payments for applicable sidewalks and bike
lanes along the western right-of-way of Collier Boulevard (CR 951) and
for modification of the road work plan to provide an access point along
Collier Boulevard (CR 951) prior to completion of the six-lane widening
of Collier Boulevard (CR 951).
4-1
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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 2007-05
Which was adopted by the Board of County Commissioners
on the 23rd day of January, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of /
County Commissioners
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By: Ann Jennejohn,
Deputy Clerk