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Ordinance 2007-05 '\'2.131415 '8 Q'\'\ ~ OJ~'" ~ q, rj; --, ~ " ~ ~ ~ iN / \~,..\)V ~ ; '-~~~ i ,~ 1" ~ ~ ~~ OF: 6Z 87. L1.'<:~ 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as The Club Estates PUD, adopted on May 11, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 -~.C_ ~. -:.- - ..it! if' .~ .... ..~to'~.tr.u I1eputy Clerk S 1 Q(l atwr',""~f".".. :..,,' . .... ." '~ APW9Y~4~~i;ro form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ;;fl~~ BY: JAMES COLETTA, CHAIRMAN ~ ~fJr~ n' TY). .,... -- ..'0 Marjo e M. Student-Stirling Assistant County Attorney PUDZ-A-2006-AR-9021IMZ Page 20f2 Th.s ordinance filed wfth the ~ of ~;:r~ice the ~ daY of 1..OO""t qnd QCknoWledg~l~ that ::~ tt,1s n day By Zf#-' > n( . 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 \ "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 \ 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 \ < Eo< - ~ ~ - - u = CI:l ~~ u~ ~~ ~ oo~ ~g@ ~~~ ~8 ~~ ~~~ ~~ ... (A v M.NInI nlOtnllV Hl.flOS DNJ.M) and crOOM. M.OCIVHS ~ ~ ~~~ I~~ ~ ~ ~ ~ ~~~ !ll~.... ~\jg 8 B ~ :?; I~ 8 ~ ~~ ~~?; 8c~ ~~~ :j~1::i 8~ I ~ I I I II Ii ::... ~ !:5 ~ ~ f-.. 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S......O '--~j t--- J ,""""^ 'ta..o....raNlM - I J.~~d !i3T"::J C:7~f~ ~. -~, - . - I I f- ;:: ~ ~ " ~ 3 ~~E ~ ~ =~ ~ ~; ~~ ~~ . I~! ! [, II! i ~ Ii II ~ l:mH:) 0 ""Y.l ~ ." ,}-' ~ I C':Zl::>1" J t7' , ( ~:;J& liS'" ii.lft-\. ~ ~~ ~ ~Lt "'\~ 0 "~ 11fl(1 i'ir ~ '11:hJfQU.~ ~~~~':~",.~~ ~ r1!~m~~V~f9~~ ~ Ii I , I I I II II I ~ ~ Ii I 1111 11111 o~,~. I . I . I II. I ~ I . I II II l!~ ill .. ~: s: II II II 1~1 Ii I I -II · I 1111 i I I I~ I I I !II I I, I ~I ! I I I \ I I I ! I I II !. I I . I ;;~II il 'II" II . II .' . hl~iii!nl! I I ~ . . -=-z-= Jl __ ...... MA 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 ... ~ ~.. oc<-; .' By: Ann Jennejohn, Deputy Clerk